HomeMy WebLinkAbout2022_09_07 Town Board Meeting PacketTown of Mamaroneck
Town Board Agenda
Wednesday, September 7, 2022
5:00 PM The Town Board Work Session
The Work Session will convene in Conference Room C located on the Ground
Floor at the Town Center.
Call to Order
WORK SESSION ITEMS
1. Discussion - OpenGov Software Agreement
Discussion - OpenGov Software Agreement - Pdf
2. Discussion - REALM Project
3. Discussion - Safe Streets and Roads for All Grant
Safe Street and Roads Resolution
4. Discussion - Cable Retainer Agreement
Authorization - Cable Retainer Agreement - Pdf
Updates
Request for Executive Session
1. Entering Executive Session
Page
3-27
29 - 35
8:00 PM Town Board Regular Meeting
The Town Board meeting will convene in the Courtroom Located on the second
floor at the Town Center. The Public is able to view the meeting on cable access
television (Optimum 76/ Fios 35) or on LMCMedia.org
Supervisor's Report
Public Hearing(s)
1. Wireless Communication - 5G 36 - 55
2022-09-07 PH Wireless communications
2022-9-7-LL REVD after 7 13 mtq Clean copy
Resident Comments
Staff Comments/ Presentations
Board of Fire Commissioners
1. Call to Order
2. Fire Claims 56
Page 1 of 110
01 Sep 2022 - Fire Claims - Pdf
3. Other Fire Department Business
Affairs of the Town of Mamaroneck
1. Set Public Hearing - Filmmaking
57 - 67
Set Public Hearing - Filmmaking
2. Authorization - OpenGov Software Agreement
68 - 92
Discussion - OpenGov Software Agreement - Pdf
3. Authorization - Safe Streets and Roads for All Grant
93
Safe Street and Roads Resolution
4. Authorization - Cable Retainer Agreement
94 - 100
Authorization - Cable Retainer Agreement - Pdf
5. Certiorari
Reports of Minutes
1. Report of Minutes from the July 13, 2022 Town Board Meeting 101 - 108
2022-07-13 Working Minutes
2. Report of Minutes from the July 20, 2022 Town Board Work Session (Tree 109 - 110
Law)
2022-07-20 Working Minutes
Reports of the Council
Town Clerk's Report
Town Attorney's Report
Adjournment
Next Regularly Scheduled Meeting - September 21, 2022
Any physically handicapped person needing special assistance in order to
attend the meeting should contact the Town Administrator's office at 381-7810.
Page 2 of 110
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Richard Polcari, Building Inspector
Re: Discussion - OpenGov Software Agreement
Date: September 2, 2022
Action Requested:
After an extremely thorough review of available software for operational enhancements in many of our
departments, including Building, Town Clerk, Highway, Engineering and Comptroller, staff has
selected the "OpenGov" product. This product will enable much more efficient operations in each of
these departments and allow for greater online presence for the public for all forms of permitting and
complaints and for internal record keeping and other processes. This software will replace many of the
existing programs and will add an online presence that does not currently exist which will provide both
a public and internal operational benefit.
The OpenGov software is being purchased through an existing Sourcewell cooperative purchasing
agreement. There are two other components of this programmatic enhancement that will also be added
to the system.
Resolved that the Town Board hereby authorize the Town Administrator to execute the
agreement and any related documents necessary to carry out its implementation.
Attachment/s:
SOW Town of Mamaroneck, NY OpenGov 8.30.22
SHI Quote Town of Mamaroneck, NY-21965908 (11
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E)OPENGOV
Statement of Work
Town of Mamaroneck, NY
Created by: Ariana Tuckey
Creation Date: 08/29/22
Document Number: DD-02523
Version Number:3
2
Preamble 2
Methodology 3
Project Initiation 3
Best Practice Review 4
Configuration 4
Validation 4
Deploy 5
Project Completion 5
Project Schedule 5
Roles and Responsibilities
Roles and Responsibilities Matrix 5
Governance
Regular Communication Components 8
Commitment to Project Direction and Goals 9
Escalation Process
Process 10
Escalation Requirements 10
Documentation 11
General Project Commitments
Project Scope
OpenGov Reporting & Transparency Platform 12
OpenGov Reporting & Transparency Platform Project Deliverables 12
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Q OPENGOV
Project Tasks 12
Initiate 12
Configuration 13
Validation 13
Deploy 13
OpenGov Citizen Services Suite (CIT Suite) 14
CIT Suite Project Deliverables
14
Project Tasks
14
Initiate
14
Configuration
15
Validation
18
Deploy
19
Acceptance
Acceptance Process 19
Acceptance Requirements 20
Change Management
Appendix A - Customer Record Types
1. Overview
1.1. Preamble
This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov" or "we")
will perform for Town of Mamaroneck, NY ("Customer" or "you") pursuant to that order for
Professional Services entered into between OpenGov and the Customer ("Order Form")
which references the Software Services Agreement or other applicable agreement entered
into by the parties (the "Agreement").
• Customer's use of the Professional Services are governed by the Agreement and not
this SOW.
• Upon execution of the Order Form or other documentation referencing the SOW, this
SOW shall be incorporated by reference into the Agreement.
• In the event of any inconsistency or conflict between the terms and conditions of this
SOW and the Agreement, the terms and conditions of this SOW shall govern with
respect to the subject matter of this SOW only. Unless otherwise defined herein,
capitalized terms used in this SOW shall have the meaning defined in the Agreement.
• This SOW may not be modified or amended except in a written agreement signed by
a duly authorized representative of each party.
• OpenGov will be deployed as is, Customer has access to all functionality available in
the current release.
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Q OPENGOV
Best Practices Review
Wool
nitiation Validation Deploy Project
Configurationyr > Completion
Initiation
Best Practice Review
Validation
Go Live
Project Completion
Key Activities: Learning and appllcatlon of Best
Key Activities:
Practices, Hands-on Workshops, Admin Training
Key Activities:
Key Activities: System
Key Activities: Final
Introductions, project plan
Key Work Products: Document Request
Configuration Review,
in use
Acceptance, Transition tc
review. establish charter
Checklists, Solution Recommendation, Data Map,
User Acceptance Testing,
Customer Success
and plan timelines
Solution Document
Data Confirmation, User
Key Work Products:
Manager and Technical
Training
Project Documentation
Support, Feedback survey
Key Work Products: Roles
and responsibilities
Configuration
Key Work Products: Data
Key Work Products: Project
Overview. Project Plan,
Key Activities: Application and Solution
Validation, Customer
Acceptance, Transition
Charter and Schedule
r-", , " "'n, Initial Data Migration
Review
Key work Products. (, J,ition Configuration, Peer
Re,. , ,, !._i._. _, �i,-rent
2. Methodology
OpenGov's deployment methodology, often referred to as the OpenGov Way ("OG Way"),
delivers on OpenGov's mission to power more effective and accountable governments.'It is
an innovative, modern, and iterative approach that leads our customers to successfully
deploy our products and help them successfully achieve their vision. The OG Way
differentiates itself in the market by its foundation of customer empowerment. We rely on
our years of experience working with governments, leading in governments, and leveraging
best practices from the public and private sector in order to coach our customers through
the change management needed to leverage our best practices and quality software. This
methodology requires a degree of focus and engagement to ensure collaboration between
both parties to produce the desired results in a timely manner. We look forward to our
partnership and can't wait to show you how The OG Way will improve the way you do
business and the services you're able to provide to your citizens!
Project Initiation
During project initiation, we will introduce project resources, review the products and
services purchased, finalize project timelines, and conduct the kickoff meeting. Both
OpenGov and Customer are responsible for assigning their Project Managers for the
project. We will hold a planning meeting to review all project documents OpenGov has
received to date. We'll also provide additional worksheets that need to be included. We'll
set-up meetings to finalize the project plan and ensure there is a centralized location for
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Q OPENGOV
these documents to be stored for collaboration. Lastly, we'll determine the date for the
larger kickoff meeting and discuss the agenda for this critical meeting.
Best Practice Review
• OpenGov will provide your team with access to OG University and OpenGov's
Resource Center so that you can start learning.
• Provided checklists with samples of data and information that we'll need completed.
We will obtain all data and integration information at this time in our standard format.
• We will review your agency -specific documents to validate your business
requirements.
• We will then coach you on our best practices by showing you how our tool works in
the most effective manner.
• Based on our best practices review, we'll make solution recommendations based on
our domain expertise.
• We'll align with your team based on our understanding of your operating processes
based on technical requirements and product functionality.
• We'll review all data and integration requirements. A data map will be mutually
agreed upon and signed off on by Customer.
• We'll present a solution document to be mutually agreed upon prior to starting the
configuration.
Configuration
• We will set-up the base configuration based on the mutually agreed upon solution
document.
• We will mutually configure the use cases based on the mutually agreed upon solution
document.
• We will migrate your data based on our mutually agreed upon data map.
Validation
• Review the completed work performed during configuration.
• The appropriate members of the Customer project team will confirm that the
solution has been configured correctly based on the solution and data mapping
documents by testing the use of the solution.
• Training will be provided based on the selected package, or as set forth herein.
• Any items that were configured or migrated incorrectly based on the data map and
solution document will be tracked via an issue log. We will work with your team to
identify deployment critical issues that will be worked out prior to launch. If the item
is not included in the mutually agreed upon data map and solution document, a
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mutually agreed upon change order will be discussed as defined in Section 10
Change Management of this SOW.
• The exit criteria for this phase is the sign off by the Customer's Project Manager of
the configuration based on the mutually agreed upon solution and data map as
defined in Section 9 Acceptance of this SOW.
Deploy
• The solution is usable by Customer.
Project Completion
• Customer is sent a project acceptance form to sign as defined in Section 9
Acceptance of this SOW.
• Customer will be asked to respond to a brief survey to provide feedback about the
experience.
• Customer is introduced to Customer Support and educated on how to engage with
customer support based on Customer's procured package.
3. Project Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless
specifically noted, the OpenGov assigned project manager (as identified below or such
alternate designated by OpenGov, the "OpenGov Project Manager") will work with Customer
Project Manager to develop the project schedule for all requested deliverables under this
SOW. OpenGov reserves the right to adjust the schedule based on the availability of
OpenGov resources and/or Customer resources, and the timeliness of deliverables provided
by the Customer.
4. Roles and Responsibilities
4.1. Roles and Responsibilities Matrix
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Sponsor attends monthly (or other frequency) executive
meetings to review deployment status, documented issue list,
status and closure summary.
Project Manager
Responsible for the delivery of the professional services based
("PM")
upon the agreed upon contract and SOW within the budgeted
hours and timeframe. Ensures the project is properly forecasted,
assigns tasks/resources, and tracks toward project completion.
Holds executive steering committee meetings and/or quarterly
business reviews as appropriate to ensure project issues are
properly escalated and success is achieved. Facilitates the
transition to support.
Analyst ("IA")
Responsible for helping Customer configure OpenGov's product
suites as assigned. The Analyst is the primary consultant,
guiding Customer through configuration working sessions to put
together successful workflows.
Subject Matter
OpenGov Subject Matter Experts ("SMEs") will engage in
Expert ("SME")
strategy, design, and execution discussions internally and with
Customer during the deployment. The SME has a specific area of
expertise, and depending on the scope of the project more than
one SME may engage. The SME will not be on all working
sessions, but will be involved per the direction of the OpenGov
Project Manager.
Integration Engineer
Responsible for migrations, conversions, and integrations as
("IE")
assigned. Responsible for providing clear direction on
specifications to ensure proper delivery of migration,
conversions, and integrations. Clear data mapping and data
validation to be provided with customer sign -offs obtained by the
OpenGov Project Manager.
Account Executive
The Account Executive is responsible for the sales cycle. Aligning
("AE")
on program vision, value proposition, and contract terms. The
Account Executive will facilitate project kickoff along with the
OpenGov Project Manager. The Account Executive will be
engaged with the customer throughout theirjourney with
OpenGov, post -deployment and beyond.
Customer Manager
The Customer Manager ("CM") is the primary customer
("CM")
relationship holder post -Deploy. The "Air Traffic Controller" or
"Quarterback" of OpenGov resources with focus on long term
success of Customer's partnership with OpenGov. The CM will
engage with Customer to discuss adoption strategy and conduct
periodic reviews to ensure Customer's key stakeholders
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understand all OpenGov offerings and how they align to key
Customer priorities. The CM will be introduced at deployment
kick-off, but will not be an active participant in deployment
working sessions. As the deployment approaches closure, the
CM's engagement will ramp -up, and the OpenGov Project
Manager to CM meeting with Customer will occur prior to Project
Completion.
Customer
Role
Role Description
Budget Owner ("BO")
The Customer Budget Owner commits the funds to the project
deployment, assesses the value to the cost (ROI), and approves
changes orders. In some cases, the Budget Owner and Executive
Sponsor are the same person.
Executive Sponsor
Responsible for ensuring Customer team is aligned to core
("ES")
project value proposition and goals. Able to intervene if the
project goes off track, and has ability to make decisions on
timeline and budget when decisions are stalled. The Executive
Sponsor is not expected to regularly attend deployment working
sessions. Executive Sponsors, attend monthly (or other
frequency) executive meetings to review deployment status,
documented issue list, status and closure summary.
Project Manager
Serves as the primary contact for OpenGov Project Initiation,
("PM")
Best Practice Review, Configuration, Validation, Deploy, Project
Completion. Coordinates meetings and schedules. Controls
communication between the Customer and OpenGov project
teams.
Project Lead ("PL")
Is an internal SME in the functional area of deployment. Attends
working sessions, trainings, and responsible for reviewing
configurations. Primary OpenGov counterpart will be the
Analyst.
Data and
Responsible for mapping out data infrastructure and validating
SystemsLead ("DSL")
migration, conversion, integration requirements. Someone who is
able to connect OpenGov team with any of Customer's
third -party data sources and vendors as needed to fulfill SOW
requirements.
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5. Governance
Project Governance provides the foundation and framework to manage deployments by
assessing progress and addressing questions and challenges during the course of
deployment. OpenGov follows three guiding principles for governance to maximize the
deployment value with our customers:
• Regular communication aligned to the agreed upon project plan and timing will
occur. OpenGov expects our customers to raise questions or concerns as soon as
they arise. OpenGov will do the same, as we can only address items when known.
• Executive involvement is expected from both OpenGov and Customer. Not only may
Executives be called upon to clarify expectations and/or confusion, but also to steer
strategic items to maximize the value through the deployment.
• Commitment to the direction outlined in this SOW and critical assessment change
orders to ensure they drive value.
5.1. Regular
Communication
Components
Frequency..Participants
Meeting
OpenGov
Customer
Engagement
Quarterly
Overview of
PM, ES,
PM, PL,
Management
Review
Program Status,
others as
ES, others
Review
Value Realization,
necessary
as
("QMR")
trends, savings
necessary
reports, program
improvement,
technology, and
discuss program
adjustments
Statement
Bi-Annually
Review of
PM, ES,
PM, BO.
Committee
milestones per
AE, CM
ES
commercial
agreement, review
budget and fiscal
matters.
Discuss strategic
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direction from
deployment,
alignment of
OpenGov with
Customer's 3-year
roadmap, evaluate
potential shift in
strategy and
impact to
relationship
Executive Sponsor Meeting
Monthly /
Discuss
PM, ES,
PM, ES,
Bi-Monthly
deployment:
plus
plus
- Strategic
others as
others as
impacts: timing,
necessary
necessary
scope, process
- Value prop
changes,
confusion
- Project specific:
items that need
guidance, support
and/or clarity
Weekly Deployment Updates
Weekly
Summary of
Project
Project
project actions
Team +
Team +
against project
ES(s)
ES(s)
plan.
Risks and
achievements
highlighted in
addition to asks of
leadership.
5.2. Commitment to Project Direction and Goals
This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan
is paramount for our Customers to attain the value the SOW or any subsequent change
order outlines.
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Should direction of the deployment become disconnected, OpenGov and Customer Project
Managers will outline the gaps as they understand them and communicate the gaps to their
respective Executive Sponsor(s) (or Project Teams) for discussion and resolution.
The communication path for this engagement will be outlined in the kick off meeting,
documenting both phone numbers and email. The general path is:
OpenGov Project Manager --> Professional Services Sr. Manager / SVP --> Executive Sponsor
6. Escalation Process
The purpose of this section is to define the escalation process, should it be needed, to
support closing issues that are raised, discussed to move forward with the deployment.
OpenGov and Customer agree to raise concerns and follow the escalation process, resource
responsibility, and documentation.
6.1. Process
• Identification of an issue impeding deployment progress, outcome or capturing the
value proposition, that is not acceptable.
• Customer or OpenGov Project Manager summarizes the problem statement and
impasse.
• Customer and OpenGov Project Managers will outline solution, acceptance or
schedule Executive review in accordance with SLA as defined in Section 7 General
Project Assumptions.
• Resolution will be documented and signed off following Executive review in
accordance with SLA as defined in Section 7 General Project Assumptions.
6.2. Escalation Requirements
• OpenGov and Customer Project Managers will summarize the impasse and
recommendation to present at scheduled or ad hoc executive meetings. Unless
otherwise noted in this SOW, Customer Project Manager can approve how hours are
used, but not where funding is required.
• Executive Sponsors attend monthly (or other frequency) executive meetings to
review deployment status, documented issue list, status, and closure summary.
• Steering Committees, where applicable, will be the arbitrator to direction and issue
closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must
approve change orders that result in additional cost.
• Customer or OpenGov Subject Matter Experts may be requested to provide input to
the issue and assist in closure. Both Customer and OpenGov will make best effort to
enable those Subject Matter Experts to be available and participate.
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6.3. Documentation
• Issue Escalation: Problem Statement with clear impact to the deployment and/or
engagement.
• Acceptance Document: Which will include any change order(s) or other process
adjustments required and summary of the resolution.
• Notes from Project Meetings, Executive Reviews, and Steering Committee meetings,
as appropriate.
7. General Project Commitments
OpenGov is excited to work with Customer on the implementation of our OpenGov
ERP Cloud. In order to ensure we are able to meet the project timeline and ensure
Customer is successful in this implementation, OpenGov asks that Customer abide
by the General Assumptions detailed in this SOW.
• This SOW is limited to the Implementation of the OpenGov Cloud as defined
in the Project Scope. Any additional services or support will be considered out
of scope.
• Customer will commit and provide access to all necessary stakeholders and
subject matter experts, and other key parties whose roles are defined in
Section 4.1, necessary to the successful implementation of the OpenGov ERP
Cloud as defined in this SOW.
• Customer is responsible for internal change management associated with the
purchase of new software.
• Response Protocol
• OpenGov and Customer commit to responding to inquiries, updates, or
any other project -related matters in no more than 10 business days
throughout the course of this project. If Customer is delayed in its
response, Customer acknowledges that: a) the delay may impact the
project schedule; and b) any fees for Professional Services due to
OpenGov after such delay shall become due and OpenGov may invoice
Customer for such prepayment.
• As set forth in Section 6.1(e) of the Agreement, if extended delays in
Customer responsiveness are encountered, OpenGov may opt to put
the project into an "On Hold" status, which includes causing OpenGov
to stop or cause to be stopped the Professional Services to be
provided to the Customer, until the Customer has fulfilled its
obligations set forth in the On Hold Notice as described in the
Agreement.
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o The Professional Services will be provided during regular business
hours (8am to 6pm Eastern Time) Monday through Friday (holidays
excluded).
• SOW Expiration:
o This SOW is valid for up to 90 days from the Creation Date, or as
agreed to in writing by OpenGov and Customer.
S. Project Scope
8.1. OpenGov Reporting & Transparency Platform
8.1.1. OpenGov Reporting & Transparency Platform Project
Deliverables
OpenGov Cloud based Reporting & Transparency Platform that includes:
Reporting & • Stories
Transparency • Reporting
Platform • Dashboards
• Transparency Portal
.1.2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov Reporting & Transparency Platform implementation.
8.1.2.1. Initiate
Provisioning OpenGov will provision Customer's OpenGov entity and verify Customer
R&T Platform I has access to all purchased modules.
OpenGov OpenGov will provide access to OpenGov University online training
University courses intended to teach users on the basics of the Reporting &
Platform Transparency Platform.
Training
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8.1.2.2. Configuration
OpenGov OpenGov will:
Reports • Train Customer on uploading datasets to the Reporting and
Transparency platform for the purposes of creating reports and
saved views
8.1.2.3. Validation
Data I Customer will validate and sign off on the datasets uploaded as part of
the implementation.
R_1.2.4_ Denlov
-
Training
0 enGov train Customer on how to:
p
Stories
• Create new stories
• Update/Maintain current stories
• Publish internally and externally
Training
OpenGov will train Customer on report:
OpenGov
• Configuration
Reports
• Update/Maintenance
• Publishing internally and externally
Training
OpenGov will train Customer on Dashboard:
Dashboards
• Configuration
• Update/Maintenance
• Publishing internally and externally
Platform
OpenGov will train Customer on Platform maintenance::
Training
• Users
• Uploading data
Sign Off
Customer will sign off that they have been trained on Stories, OpenGov
reports, and Dashboards
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8.2. OpenGov Citizen Services Suite (CIT Suite)
8.2.1. CIT Suite Project Deliverables
CIT Suite Cloud based Permit, Licensing, Code Enforcement software for 4
Service Areas (Engineering/Highway, Building/Trades, Planning/Zoning,
Clerk) to include
• 10 Record Type(s) (forms, document templates, fee schedules,
workflows) built by OpenGov
0 1 Record Type will be used for combination building
permit
o Customer will identify remaining 9 Record Types to be
built by OpenGov during project planning phase.
Customer will identify Record Types to be configured
from the list in Appendix A.
• CIT System Training
• Configuration Training
• Internal user Training
• Migrations and Integrations
8.2.2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov CIT Suite implementation.
8.L.1.1. initiate
Functionality Description
Creating OpenGov will provision a CIT environment and FTP site. Customer
Environment system administrator will be added to the environment following
contract signing and creation.
Documentation Customer will provide OpenGov with:
Receipt • Existing application forms
• Current workflows
• Gathering all existing supporting documentation
System Training During the CIT System Configuration, OpenGov will provide System
Training designed for system administrators, which will include:
• How to create and customize the public portal in CIT
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• How to create and customize CIT record types (forms, document
templates, fee schedules, workflows)
• How to set up inspections in CIT
• How to create datasets in CIT
• The basic functions of any integrations or other customizations
included in the SOW
• How to export a dataset from the app
8.2.2.2. Configuration
Functionality Description
Record Type OpenGov will configure up to 10 standard record type drafts of
Configuration Customer's record types in the CIT system.
(OpenGov-
Standard) Along with Customer input OpenGov will be responsible for building:
• Customer Application Forms
• Customer Workflow
• Output Documents
• Adding in Customer Fees
OpenGov will hold working sessions* between the OpenGov and
Customer for the purpose of validating, reviewing, and iterating upon
draft record types configuration.
*Working All working sessions will focus on:
Session • Forms
• Workflows
• Fee structures
• Attachment requirements
• Permit/license/letter templates
• Useraccess
• Renewal processes
• Inspection checklists
• Public portal
Record Type OpenGov will provide 5, 60-minute configuration training sessions to
Configuration enable Customer to own configuration of their remaining Record Types.
Training • Sessions will focus on:
Sessions o Hands-on training for building, configuring, and
maintaining Record Types in CIT.
o Best practice recommendations on Record Type:
■ Building
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■ Configuring
■ Maintenance
At the end of configuration training sessions, Customer will be
responsible for maintenance and configuration of all Record Types.
Historical Data I OpenGov will scope, format, and script data from Customer's Municity
on Migratiexport to the CIT suite.
• Resulting migration script provides an initial load of data into the
CIT suite.
• Just prior to Deploy, after Customer acceptance, OpenGov will
re -run the migration with the latest data.
• Dependant on having an MAT migration
Data migration includes:
• Applicant data
• Location information (Records will only be linked to locations if
an ID, MBL, or other logical link is provided to match up to the
Customer's address integration)
• Fees and payments (will be migrated as form data)
• Inspections (will be migrated as form data)
• Contractors, work description and other Form Data
• Other multi -entry form data
• Grouping of records under project names
Data Migration and File Requirements:
• OpenGov will accept:
o Text Delimited File (i.e. CSV)
o Excel (.xlxs file)
• OpenGov will not accept:
o Non -relational database
All other databases require additional scoping and may not work
Data migration does not include:
• Cleaning of any corrupted data
• Creation and linking of applicant accounts
• Integration of historical fees and payments into workflow or
financial reports.
• Logs of permit changes
• Migration of any data into the workflow (i.e. pending or
completed sign -offs, fee steps, document issuance, inspections).
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• Permit attachments
• Import of contractor database
• Hierarchical relationships between records
Form -field mapping is not included as part of this historical data
migration.
Document
OpenGov will import documents attached to either migrated permits or
Migrations
locations provided through a Master Address Table (MAT) integration.
• Requirement:
• Dependent on having a Historical Migration and/or MAT
Integration
• Customer must provide a single file (Excel, CSV, etc) with
one row per document, with a unique identifier for the
related permit or location, and the file's physical location
(a file path or URL).
• Customer will need to either provide a copy of the files or
grant CIT access to the file locations in order to migrate
them.
• The folder structure of the documents provided must
reflect the paths provided in the file.
• Data cleanup/correction is not included
Document
OpenGov will provide the ability for a Customer to access a listing of
Management
filenames and file paths of all submitted forms, issued documents, and
Access
record attachments, along with record and location metadata for use by
Customer to import into a third -party document management system.
Import of data into the third -party system will be Customer's
responsibility.
The methods OpenGov can provide are:
• ODBC access to a Microsoft SQL Server Database view
containing the information
• A CSV file FTP'd to a location of the Customer's choosing.
Note: Documents are not contained in either solution; however, a link to
download each individual file.
Recurring
OpenGov will import the Customer's location information from your
Master Address
Master Address Table (MAT) file (CSV) into CIT.
Table (MAT)
Import
Customer will provide a clean MAT including all of the community's
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Q OPENGOV
location information. It must contain the parcel properties
latitude/longitude coordinates, and at least 1 unique ID field. The unique
ID can never change. OpenGov does not take responsibility for'dirty'
data.
ESRI ArcGIS
OpenGov will integrate the CIT suite with the Customer's ArcGIS Server.
Server
Customer is responsible for providing a publicly -accessible secure ESRI
Integration
REST API URL.
Note: WFS link will not suffice
GIS Flag
OpenGov will enable GIS Flag Integration:
Integration
. Import a list of flags into the CIT suite. Flags can be provided
either on the Parcel Layer or other layer on the GIS Server
through the ESRI REST API URL.
• Layers must be configured as a polygon--polylines and points are
not supported in this integration.
Dependent upon Master Address Table and ESRI ArcGIS Server
Integration
Accounting &
For a financial export, Customer will provide OpenGov the required
Finance Export
format and a sample document.
OpenGov will export the data based on the required format and put the
files onto Customer's FTP as often as nightly
Bluebeam
OpenGov will enable any attachment to click "Open in Bluebeam Studio"
Integration
to start or continue a collaborative document markup/review session in
Bluebeam. Bluebeam access not included.
Requires Bluebeam Studio Prime Iicense(s).
Autof ills
AutofiII
OpenGov will configure up to 3 autofiIIs to allow for dynamic search
Configuration
within the application form to auto -populate a set of form fields.
8.2.2.3. Validation
18
Page 21 of 110
Q OPENGOV
Testing (admin) • Application is working as intended
o Internal processes and or workflows
o Front End processes (Public views)
• The administrator knows how to:
o Make changes
o Troubleshoot problems
o Create or configure new Record Types
8.2.2.4. Deploy
Functionality Description
Internal User OpenGov will provide 3, two-hour training sessions designed for Internal
Training Users such as Inspectors or Intake Review staff.
• Internal Users are trained to:
o Understand how to use the system to complete the tasks
needed perform their roles/responsibilities
o Understand the functionality and workflow of the
Permitting, Licensing or Code Enforcement process.
o Build reports in Citizen Services Explorer Module.
Sign Off Customer to complete OpenGov-provided sign off document
Customer will provide written approval that Administrator can:
• Build/Configure
• Troubleshoot
• Maintain
Customer will provide written approval that Internal Users:
• Have been trained on:
o Functionality
o Tasks needed to perform their roles/responsibilities
9. Acceptance
9.1. Acceptance Process
All Deliverables require acceptance from the Customer Project Manager(s) following the
completion of Deliverables and upon Project Closure. Customer is responsible for
conducting any additional review or testing of such Deliverable pursuant to any applicable
mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable.
19
Page 22 of 110
Q OPENGOV
Upon completion of these phases, the OpenGov Project Manager shall notify the Customer
Project Manager(s) and provide the necessary documents for review and sign off.
The following process will be used for accepting or acknowledging Deliverables and Project
Closure:
• OpenGov shall submit the completed Deliverables to Customer to review or test
against the applicable acceptance criteria. Customer shall notify OpenGov promptly
of its acceptance or rejection in accordance with the agreed upon acceptance
criteria.
• Customer must accept all Deliverables that meet the applicable acceptance criteria.
OpenGov Project Manager will provide the Customer Project Manager with the
OpenGov Acceptance form to sign off on the Deliverable and project. Once all
Deliverables required to meet a particular phase have been accepted or are deemed
accepted, the phase shall be deemed complete.
• Upon completion of the phase or project, OpenGov allows Customer 10 business
days to communicate that the particular Deliverable(s) does not meet Customer's
requirements. Failure to communicate that the particular Deliverable(s) does not
meet Customer's requirements will be deemed as acceptance and any further work
provided to remedy Customer's complaint might incur additional cost.
• Customer shall provide to OpenGov a written notice detailing the reasons for
rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall
make best effort to revise the non -conforming Deliverable(s) to meet the acceptance
criteria and re -submit it to Customer for further review and testing.
• If the acceptance form is not received in accordance with Section 7 General Project
Assumptions, the project phase and/or project will be considered accepted and
automatically closed.
9.2. Acceptance Requirements
• All acceptance milestones and associated review periods will be tracked on the
project plan.
• The Customer Project Manager will have decision authority to approve/reject all
project Deliverables, Phase Acceptance and Project Acceptance.
• Any open issues shall receive a response in accordance with Section 7 General
Assumptions of this SOW following the Validation Acceptance review, or as mutually
agreed upon between the parties, for resolution prior to advancing on in the project.
• Both OpenGov and Customer recognize that failure to complete tasks and respond
to open issues may have a negative impact on the project.
• For any tasks not yet complete, OpenGov and/or Customer will provide sufficient
resources to expedite completion of tasks to prevent negatively impacting the
project.
20
Page 23 of 110
Q OPENGOV
o. Change Management
This SOW and related efforts are based on the information provided and gathered by
OpenGov. Customer acknowledges that changes to the scope may require additional effort
or time, resulting in additional cost. Any change to scope must be agreed to in writing or
email, by both Customer and OpenGov, and documented as such via a:
• Change Order -Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change, it may or may not alter the original
contract amount or completion date and be paid for by Customer. Changes might
include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Signed by OpenGov and Customer Executives approving funds.
Change documentation will be mutually agreed upon as defined in Section 7 General
Assumptions of this SOW. Should that not occur, the change will be added to the next
Executive Sponsor agenda for closure.
Example of changes that might arise during a deployment:
• Amending the SOW to correct an error.
• Extension of work as the complexity identified exceeds what was expected by
Customer or OpenGov.
• Change in type of OpenGov resources to support the SOW.
11. Appendix A - Customer Record Types
Engineering/Highway
• Surface Water & Erosion Control Permit Application
• TOM Road Closure Request Form
• HIGHWAY PERMIT APPLICATION (FILLABLE)
Planning/Zoning
• PB Application Form
• TMPB Checklist - Nonresidential Site Plan
• TMPB Checklist - Residential Site Plan
21
Page 24 of 110
• TMPB Checklist -Special Permit Application
• TMPB Checklist - Subdivision Application
Building/Trades
• Building Permit Application (PDF)
• Tree Permit Application (PDF)
• plumbing permit
• Solar Permit Application
• Short Environmental Assessment Form
• CO/LOC Request
Clerks
• Accessible Parking Permits
• Alarm User Permit
• Block Party Application
• Dog Licenses
• Garage Sale Permit
• Marriage Licenses
• Peddler License
Q OPENGOV
22
Page 25 of 110
Pricing Proposal
Quotation #: 21965908
Reference #: 5/3/2022
Created On: 5/3/2022
SF1 I Valid Until: 9/29/2022
City of Mamaroneck Inside Account
Executive
Shyam Pandya Kevin Bock
740 West Boston Post Road 290 Davidson Ave.
Mamaroneck, NY 10543 Somerset, NJ 08873
United States Phone: (732) 584-8446
Phone: (914) 381-7810 Fax: (732)564-8224
Fax: Email: kevin—bock@shi.com
Email: spandya@townofmamaroneckny.org
All Prices are in US Dollar (USD)
Product
--------------------------------------------
Qty Your Price
Total
1 Citizen Services - 5 Service Areas - Billed Annually
1 $48,516.70
$48,516.70
Vertosoft- Part#: NPN-VERTO-CITIZ
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 10/1/2022 — 9/30/2023
Note: Participant ID#: 120828
2 Citizen Services - 5 Service Areas - Billed Annually
1 $48,516.70
$48,516.70
Vertosoft- Part#: NPN-VERTO-CITIZ
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 10/1/2023 — 9/30/2024
Note: Participant ID#: 120828
3 Professional Services Deployment - Prepaid
120 $215.32
$25,838.40
Vertosoft- Part#: NPN-VERTO-PROFE
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 10/1/2022 —
Note: Participant ID#: 120828
4 Professional Services Deployment - Prepaid 120 $215.32 $25,838.40
Vertosoft- Part#: NPN-VERTO-PROFE
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 1/1/2023 —
Note: Participant ID#: 120828
5 Professional Services Deployment - Prepaid 122 $212.02 $25,866.44
Vertosoft- Part#: NPN-VERTO-PROFE
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 4/1/2023 —
Note: Participant ID#: 120828
Total $174,576.64
Page 26 of 110
Additional Comments
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will
need to ensure compliance with the funding program.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHI Inside Sales Representative at (888) 744-4084.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1 HTFO
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
Page 27 of 110
Resolution supporting Vision Zero goal of eliminating traffic fatalities and injuries by 2035
WHEREAS, the Town Board of the Town of Mamaroneck hereby fully supports the ultimate
Vision Zero goal of eliminating traffic fatalities and severe injuries within the Town by 2035; and
WHEREAS, the Town Board has been soliciting public input over the past nine months on issues
and concerns that the community would like to see addressed and one of the major areas of
concern involves traffic safety; and
WHEREAS the Town is committed to working with State, County and neighboring local officials
to secure appropriate road improvement funds to improve the high traffic volume roads and
roads that serve all populations through the community that provide for regional traffic access;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board of the Town of
Mamaroneck hereby directs the Town Administrator to develop necessary processes and
procedures to reach such goal and secure all applicable grant funding, as available, to support
such efforts.
Page 28 of 110
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Discussion - Cable Retainer Agreement
Date: September 2, 2022
Action Requested:
Attached is an older version of the Cable Retainer Agreement. Updates to the agreement will be
reviewed at the Town Board Meeting.
Resolved that the Town Board hereby authorizes the Town Administrator to execute the
agreement and any related documents necessary to carry out its implementation.
Attachment/s:
Cable Retainer Agreement
Page 29 of 110
I CA C&
BEST & KR
ORNEYS AT L
Suite 725, Washi
� Fax: (202) 785-1
July 11, 2022
Bend OR
Riverside
(541) 382-3011
(951) 686-1450
Indian Wells
BEST IEGER
Sacramento
(760) 568-2611
(916) 325-4000
A T T A W
Irvine
San Diego
(949) 263-2600
(619) 525-1300
Los Angeles
1800 K Street NW ngton, D.C. 20006
Walnut Creek
(213) 617-8100
Phone: (202) 785-0600 234 1 www.bbklaw.com
(925) 977-3300
Ontario
Washington, DC
(909) 989-8584
(202) 785-0600
Gerard Lavery Lederer
(202)370-5304
gerard.lederer@bbklaw.com
Mr. Jerry Barberio
Administrator
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
123 Mamaroneck Avenue
Mamaroneck, NY 10543
Re: Representation for Franchise Renewals
Dear Mr. Barberio:
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to represent the Larchmont — Mamaroneck Tri-
Municipal Cable TV Board of Control ("Board"). Specifically, we will provide assistance to the
Board as it determines whether, and on what terms to renew franchises held by Verizon and by
Altice. This letter constitutes our agreement setting the terms of our representation. If you want
us to represent you and agree to the terms set forth in this letter, after you review the letter please
sign it and return the signed copy to us. As you know, we have a long relationship with the Board,
and look forward to continuing to work with you.
No less than five members of the firm are admitted to the Bar of the State of New York. I
have been approved for admission and will be sworn in at the next ceremony in September. The
scope of representation by the firm's lawyers under this retainer is limited to matters as to which
we are permitted to represent you by law, regulations or custom.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney -client relationship requires mutual trust between the client and the attorney. It
is understood that communications exclusively between counsel and the client are confidential and
protected by the attorney -client privilege.
To also assure mutuality of trust, we have maintained a conflict of interest index. The
relevant Rules of Professional Conduct defines whether a past or present relationship with any
Page 30 of 110
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
July 11, 2022
Page 2
party prevents us from representing the Board. Similarly, the Board will be included in our list of
clients to ensure we comply with the Rules of Professional Conduct with respect to the Board.
We have checked the following names against our client index: Verizon and Altice. Based
on that check, we can represent the Board. Please review the list to see if any other persons or
entities should be included. If you do not tell us to the contrary, we will assume that this list is
complete and accurate. We request that you update this list for us if there are any changes in the
future.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
We have already discussed with you the fee arrangement. We will charge an hourly fee,
plus expenses. My current billing rate is $375 per hour.
Other attorneys may be called upon from time to time to work on matters as particular
needs arise and will be billed at current individual rates depending upon the area of expertise.
Hourly rates for those attorneys fall within the following ranges for new public work: Partners
and Of Counsel range from $250 to $595 per hour; Associates range from $235 to $275 per hour;
Paralegals, Clerks, Consultants, Government Affairs Professionals, Municipal and Litigation
Analysts, Research analysts, Administrative and Closing Assistants from $100 to $425 per hour.
Our rates are reviewed annually and may be increased from time to time with advance
written notice to the client.
As we mentioned during our discussions with you, the Board may also require help from
other consultants (franchise fee auditors, for example) in the course of renewal. We are willing to
recommend possible consultants and to bill through this contract if that is what you prefer and
authorize. Consultant fees and costs are in addition to our fees and costs.
The billing policies are described in the memorandum attached to this letter, entitled "Best
Best & Krieger LLP's Billing Policies." You should consider the Billing Policies memorandum
part of this agreement as it binds both of us. For that reason, you should read it carefully.
Page 31 of 110
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
July 11, 2022
Page 3
INSURANCE
We understand that you are not now insured or have any insurance that may cover potential
liability or attorneys' fees in this case. If you think you may have such insurance, please notify
me immediately.
We are also pleased to let you know that Best Best & Krieger LLP carries errors and
omissions insurance with Lloyd's of London.
NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to
work on additional matters. You should know that such new matters will be the subject of a new
signed supplement to this agreement. Similarly, this agreement does not cover and is not a
commitment by either of us that we will undertake any appeals or collection procedures. Any such
future work would also have to be agreed upon in a signed supplement.
CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions to
file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such
courtesies saves our clients' time and money. By signing this letter you will be confirming your
approval of this practice in your case.
HOW THIS AGREEMENT MAY BE TERMINATED
You, of course, have the right to end our services at any time. If you do so, you will be
responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and
costs in transferring the case to you or your new counsel. By the same token, we reserve the right
to terminate our services to you upon written notice, order of the court, or in accordance with our
attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as
agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent
you for ethical or practical concerns.
CLIENT FILE
If you do not request the return of your file, we will retain your file for five years. After
five years, we may have your file destroyed. If you would like your file maintained for more than
five years or returned, you must make separate arrangements with us.
Page 32 of 110
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
July 11, 2022
Page 4
THANK YOU
On a personal note, we are pleased that you have selected Best Best & Krieger LLP to
represent you. We look forward to a long and valued relationship with you and appreciate your
confidence in selecting us to represent you in this case. If you have any questions at any time
about our services or billings, please do not hesitate to call me.
If this letter meets with your approval, please sign and date it, and return it to us. Unless
you sign, date and return this letter, we will not represent you in any capacity, and we will assume
that you have made other arrangements for legal representation.
Sinc�xely,
Ord Eavery ederer
of BEST BE & KRIEGER LLP
AGREED AND ACCEPTED:
C
Dated:
Page 33 of 110
BEST BEST & KRIEGER LLP'S BILLING POLICIES
Our century of experience has shown that the attorney -
client relationship works best when there is mutual
understanding about fees, expenses, billing and payment
terms. Therefore, this statement is intended to explain our
billing policies and procedures. Clients are encouraged to
discuss with us any questions they have about these policies
and procedures. Clients may direct specific questions about
a bill to the attorney with whom the client works or to our
Accounts Receivable Department (accounts.receivable@
bbklaw.com). Any specific billing arrangements different
from those set forth below will be confirmed in a separate
written agreement between the client and the firm.
INVOICE AND PAYMENT OPTIONS
Best Best & Krieger strives to meet our clients' needs in
terms of providing a wide variety of invoice types, delivery
and payment options. Please indicate those needs including
the preferred method of invoice delivery (Invoice via Email;
or LISPS). In addition, accounts.receivable@bbklaw.com
can provide a W-9 upon request and discuss various
accepted payment methods.
FEES FOR PROFESSIONAL SERVICES
Unless a flat fee is set forth in our engagement letter
with a client, our fees for the legal work we will undertake
will be based in substantial part on time spent by personnel
in our office on that client's behalf In special circumstances
which will be discussed with the client and agreed upon in
writing, fees will be based upon the novelty or difficulty of
the matter, or the time or other special limitations imposed
by the client.
Hourly rates are set to reflect the skill and experience of
the attorney or other legal personnel rendering services on
the client's behalf. All legal services are billed in one -tenth
of an hour (0.10/hour) or six -minute increments. Our
attorneys are currently billed at rates from $235 to $850 per
hour, and our administrative assistants, research assistants,
municipal analysts, litigation analysts, paralegals,
paraprofessionals and law clerks are billed at rates from
$175 to $295 per hour for new work. These rates reflect the
ranges in both our public and our private rates. These hourly
rates are reviewed annually to accommodate rising firm
costs and to reflect changes in attorney status as lawyers
attain new levels of legal experience. Any increases
resulting from such reviews will be instituted automatically
and will apply to each affected client, after advance notice.
Non -Attorney Personnel: BBK may employ the
services of non -attorney personnel under the supervision of
a BBK attorney in order to perform services called for in the
legal services agreement. The most common non -attorney
personnel utilized are paralegals. Other types of non -
attorney personnel include, but are not limited to, case
clerks, litigation analysts, and specialty consultants. The
client agrees that BBK may use such non -attorney personnel
to perform its services when it is reasonably necessary in the
judgment of the responsible BBK attorney. Hourly fees for
non -attorney personnel will be charged at the rate then in
effect for such personnel. A copy of BBK's current rates
and titles for non -attorney personnel will be provided upon
request.
FEES FOR ELECTRONICALLY STORED
INFORMATION (`BSI") SUPPORT AND STORAGE
BBK provides Electronically Stored Information
(`BSI") services for matters requiring ESI support —
typically litigation or threatened litigation matters. BBK
provides services for basic EST processing and storage at the
following rates per month based on the number of gigabytes
of data ("GB") processed and stored:
1 GB-250GB: $10 per GB
251 GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and
storage of ESI allows BBK to recover the costs of providing
such services, plus a net profit for BBK. BBK believes that
the rates it charges for processing and storage are lower than
comparable services available from third party vendors in
the market. If you wish to contract separately with a third
party vendor for processing and storage costs, please notify
BBK in writing. BBK shall not incur costs for ESI support
on a particular matter without first confirming by email or
written correspondence with the client that the client agrees
such services are necessary for the matter at hand.
FEES FOR OTHER SERVICES, COSTS AND
EXPENSES
We attempt to serve all our clients with the most
effective support systems available. Therefore, in addition
to fees for professional legal services, we also charge
separately for some other services and expenses to the extent
of their use by individual clients. These charges include but
are not limited to, mileage at the current IRS approved rate
per mile, extraordinary telephone and document delivery
charges, copying charges, computerized research, court
filing fees and other court -related expenditures including
court reporter and transcription fees. No separate charge is
1
Page 34 of 110
made for secretarial or word processing services; those costs charge of one percent per month on the unpaid invoice may
are included within the above hourly rates. be added to the balance owed, commencing with the next
We may need to advance costs and incur expenses on
your behalf on an ongoing basis. These items are separate
and apart from attorneys' fees and, as they are out-of-pocket
charges, we need to have sufficient funds on hand from you
to pay them when due. We will advise the client from time
to time when we expect items of significant cost to be
incurred, and it is required that the client send us advances
to cover those costs before they are due.
ADVANCE DEPOSIT TOWARD FEES AND COSTS
Because new client matters involve both a substantial
undertaking by our firm and the establishment of client
credit with our accounting office, we require an advance
payment from clients. The amount of this advance deposit
is determined on a case -by -case basis discussed first with the
client, and is specified in our engagement letter.
Upon receipt, the advance deposit will be deposited into
the firm's client trust account. Our monthly billings will
reflect such applications of the advance deposit to costs and
not to attorney's fees (unless otherwise noted in our
accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to
costs and then to fees. We also reserve the right to require
increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client is
agreeing that trust account balances may be withdrawn and
applied to costs as they are incurred and to our billings, when
we issue our invoice to the client. If we succeed in resolving
your matter before the amounts deposited are used, any
balance will be promptly refunded.
MONTHLY INVOICES AND PAYMENT
Best Best & Krieger LLP provides our clients with
monthly invoices for legal services performed and expenses
incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and
other fees for services rendered through the end of the prior
month, as well as expenses incurred on the client's behalf
that have been processed by the end of the prior month.
Processing of some expenses is delayed until the next month
and billed thereafter.
Our fees are not contingent upon any aspect of the
matter and are due upon receipt. All billings are due and
payable within ten days of presentation unless the full
amount is covered by the balance of an advance held in our
trust account. If a bill is not paid within 30 days, a late
statement and continuing until paid.
It is our policy to treat every question about a bill
promptly and fairly. It is also our policy that if a client does
not pay an invoice within 60 days of mailing, we assume the
client is, for whatever reason, refusing to pay. We reserve
the right to terminate our engagement and withdraw as
attorney of record whenever our invoices are not paid. If an
invoice is 60 days late, however, we may advise the client
by letter that the client must pay the invoice within 14 days
or the firm will take appropriate steps to withdraw as
attorney of record. If the delay is caused by a problem in the
invoice, we must rely upon the client to raise that with us
during the 14-day period. This same policy applies to fee
arrangements which require the client to replenish fee
deposits or make deposits for anticipated costs.
From time to time clients have questions about the
format of the bill or description of work performed. If
you have any such questions, please ask them when you
receive the bill so we may address them on a current
basis.
CHANGES IN FEE ARRANGEMENTS
AND BUDGETS
It may be necessary under certain circumstances for a
client to increase the size of required advances for fees after
the commencement of our engagement and depending upon
the scope of the work. For example, prior to a protracted
trial or hearing, the firm may require a further advance
payment to the firm's trust account sufficient to cover
expected fees. Any such changes in fee arrangements will
be discussed with the client and mutually agreed in writing.
Because of the uncertainties involved, any estimates of
anticipated fees that we provide at the request of a client for
budgeting purposes, or otherwise, can only be an
approximation of potential fees.
BEST BEST & KRIEGER LLP
09900.00000\40120928.2
2
Page 35 of 110
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York, a Public Hearing will be held on Wednesday, September 7, 2022 at 8:00 PM or as
soon thereafter as is possible, to consider the "Update in the Regulation of Wireless
Telecommunications Facilities" Law, at the Weaver Street Firehouse, 205 Weaver St,
Larchmont, NY 10538
Purpose:
Section 1— Purpose:
This law is being enacted because advances in technology require the Town to
update its law regarding wireless telecommunications facilities.
You may also view the meeting on local municipal access television (Cablevision 75, 76,
77 or Verizon 34, 35, 36) or on LMC Media's website, https://Imcmedia.org/.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office
at 914-381-7870, for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published: September 1, 2022
Page 36 of 110
Local Law No. - 2022
This local law shall be known as the "Update in the Regulation of Wireless Telecommunications
Facilities" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1— Purpose:
This law is being enacted because advances in technology require the Town to update its
law regarding wireless telecommunications facilities.
Section 2 — Replacement of a current section of the Mamaroneck Code:
Section 240-19.1 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
§ 240-19.1. Wireless telecommunications facilities.
A. Purpose.
The purpose of this section is to establish regulations for the location and design of wireless
telecommunications facilities that recognize the need to balance the technical requirements
of the wireless telecommunications industry with the Town's desire to minimize the visual
and other adverse effects of such facilities. This section expresses a preference for locations
on Town property, acknowledging the ability of the Town to exert greater controls arising
from ownership rights and a preference for the collocation of new wireless
telecommunications facilities on existing or approved wireless telecommunications support
structures that are located in nonresidential areas.
Such regulations are intended to:
(1) Ensure that the placement, construction or modification of wireless
telecommunications facilities and related equipment are consistent with the Towri s
land use and zoning code regulations to the extent permitted by law,
(2) Minimize the negative and adverse visual, acoustic and aesthetic impacts of wireless
telecommunications facilities to the maximum extent practicable, through creative
design, siting, landscaping, screening and innovative camouflaging techniques,
(3) Assure a comprehensive review of environmental impacts of such facilities,
(4) Protect the health, safety and welfare of the residents of the Town and persons
working in or visiting the Town from potential adverse impacts of wireless
telecommunications facilities, to the extent permitted by law,
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(5) Allow for shared use (collocation) of wireless telecommunications facilities when such
use is the more aesthetically sensitive alternative,
(6) Establish fair and efficient processes for review and approval of development
applications,
(7) Preserve the visual character of established communities and the natural beauty of the
landscape,
(8) Protect property values,
(9) Minimize the impact of wireless telecommunications facilities on residential properties,
(10) Encourage the siting of wireless telecommunications facilities on properties and areas,
which are not zoned exclusively for residential purposes, and
(11) Minimize the number of structures placed near to each other in the rights -of -way.
B. Definitions.
ASSOCIATED EQUIPMENT — Any equipment serving or being used in conjunction with
wireless telecommunications facilities including, but not limited to, utility or transmission
equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and
storage sheds, shelters, buildings and similar structures, and, when co -located on a
structure, which is mounted or installed prior to, at the same or at a subsequent time as an
antenna.
ANTENNA — An apparatus designed for the purpose of emitting or receiving radio
frequency (RF) radiation, to be operated or operating from a fixed location, for the provision
of personal wireless service (whether on its own or with other types of services). For
purposes of this definition, the term "antenna" does not include a mobile station or device
authorized under Part 15 of Title 47 of the United States Code.
BASE STATION — A structure or equipment at a fixed location that enables FCC licensed
or authorized wireless telecommunications between user equipment and a
telecommunications network.
(1) The term includes, but is not limited to, equipment associated with wireless
telecommunications facilities such as but not limited to private, broadcast and public
safety services, as well as unlicensed wireless services and fixed wireless services such
as microwave backhaul.
(2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-
optic cable, regular and backup power supplies and comparable equipment, regardless
of technological configuration (including DAS and small or macro cell equipment).
(3) The term includes, but is not limited to any structure that supports or houses equipment
described in paragraphs (1) and (2) above that has been reviewed and approved under
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the applicable zoning code or siting process, even if the structure was not built for the
sole or primary purpose of providing such support.
(4) The term does not include any structure that, at the time the relevant application is filed
with the Town under this section, does not support or house equipment described in
paragraphs (1) and (2) of this definition.
BUILDING INSPECTOR --- The Town `s Building Inspector or its Director of Building Code
Enforcement and Land Use Administration
COLLOCATION— The mounting or installation of an antenna on an existing tower,
building or structure for the purpose of transmitting and/or receiving radio frequency
signals for telecommunications purposes, whether or not there is an existing antenna on the
structure.
DISTRIBUTED ANTENNA SYSTEM (DAS) — A network of spatially separated antenna
sites connected to a common source that provides wireless telecommunications service
within a geographic area or structure.
EAF — The Environmental Assessment Form promulgated by the New York State
Department of Environmental Conservation.
FAA — The Federal Aviation Administration, or its duly designated and authorized
successor agency.
FCC — The Federal Communications Commission, or its duly designated and authorized
successor agency.
HEIGHT — When referring to a structure, the distance measured from the pre-existing
grade to the highest point on the structure, including the antenna(s) and any other
appurtenances.
MACRO WIRELESS TELECOMMUNICATIONS FACILITY — Any wireless
telecommunications facility that enables authorized wireless telecommunications between
user equipment and a telecommunications network that is not a Small Wireless
Telecommunications Facility.
MODIFICATION — The improvement, upgrade or expansion of existing wireless
telecommunications facilities or the improvement, upgrade or expansion of the wireless
telecommunications facilities located within an existing equipment compound if the
improvement, upgrade, expansion or replacement does not substantially change the
physical dimensions of the wireless telecommunications facilities.
MONOPOLE — A wireless telecommunications support structure which consists of a single
pole, designed and erected on the ground or on top of a structure to support one or more
wireless telecommunications antennas and associated equipment.
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NIER — Nonionizing electromagnetic radiation. A series of energy waves composed of
oscillating electric and magnetic fields traveling at the speed of light which includes the
spectrum of ultraviolet (UV), visible light, infrared (IR), microwave (MW), radio frequency
(RF), and extremely low frequencies (ELF).
PERMIT — A Wireless Facility Permit.
PLANNING BOARD — The Town of Mamaroneck Planning Board.
PUBLIC RIGHT-OF-WAY ("ROW") — Any land over which the public possesses the right
to travel. The term "road" includes state, county and Town highways, roads, streets, squares,
places, courts, boulevards, parkways, sidewalks and other ways, however, designated, over
which the public has access.
RELIABLE SERVICE — The transmission and reception of communications voice and/or data
by a wireless telecommunications facility that meets or exceeds a wireless service provider's
reasonable and generally accepted industry quality metrics, including but not limited to,
received signal strength or signal quality measurements or calibrated predictions of such
data throughput, call or session performance objectives including, but not limited to, key
performance indicators such as lost calls, system blocking or lack of capacity.
REPLACEMENT — The replacement of existing wireless telecommunications antenna on
any existing support structure or on existing associated equipment for maintenance, repair
or technological advancement with equipment composed of the same wind loading and
structural loading which does not substantially increase the physical dimensions of any
existing support structure.
SMALL WIRELESS TELECOMMUNICATIONS FACILITY — A small wireless
telecommunications facility including, but not limited to, DAS, microcells, picocells, and
femtocells or any name employed to identify a compact, low power base station and its
associated equipment that function like cells in a mobile wireless network, typically
covering targeted indoor or localized outdoor areas ranging in size from homes and offices
to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces that meets each of
the following conditions:
(1) The structure on which antenna facilities are mounted:
(a) is fifty (50) feet or less in height, or
(b) is no more than ten percent (10%) taller than other adjacent structures, or
(b) is not extended to a height of more than ten percent (10%) above its preexisting
height as a result of the collocation of new antenna facilities;
(2) Each antenna (excluding associated antenna equipment) is no more than six (6) cubic
feet in volume;
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(3) In the aggregate, the volume of all antenna equipment associated with the facility
(excluding antennas and back-up power and related back-up power equipment) does
not exceed twenty-eight (28) cubic feet;
(4) The facility does not require antenna structure registration under 47 CFR Part 17; and
(5) The facility does not result in human exposure to radio -frequency radiation in excess of
the applicable safety standards specified in Parts 1 and 2 of the FCC's Rules and
Regulations [47 C.F.R. 1.1307(b), 1.1310, 2.1091, 2.1093] or any FCC rule or regulation
that replaces these regulations or add additional safety standards.
SMALL WIRELESS PERMIT --- The permit issued by the Planning Board approving a small
wireless telecommunications facility.
STEALTH TECHNOLOGY — Camouflaging methods applied to wireless
telecommunications facilities, which render them more visually appealing or which serve to
blend the proposed facility into the existing structure or visual backdrop, in such a manner
as to render it minimally visible to the casual observer. Such methods include, but are not
limited to, architecturally screened roof -mounted facilities, building -mounted antennas
painted to match the existing structure, and facilities constructed to resemble trees, shrubs,
light poles and the like.
STRAND — A cable or wire run between two utility poles, or between a utility pole and a
structure, or between two structures.
STRUCTURE — A pole, base station supporting hardware, commercial billboard, street
furniture or other building, whether or not it has an existing antenna facility, that is used or
to be used for the provision of personal wireless service (whether on its own or commingled
with other types of services).
STRUCTURALLY MOUNTED — The attachment of antennas to an existing building or
structure other than a monopole or tower having a location on the ground and comprising a
part of a wireless telecommunications facility. For purposes of this chapter, the term
"structurally mounted" shall include, in addition to the antennas, all other components of
the wireless telecommunications facility.
SUBSTANTIAL CHANGE — A modification substantially changes the physical dimensions
if it meets any of the following criteria:
(1) The mounting of the proposed antenna on the wireless structure would increase the
existing height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not to exceed twenty
feet, whichever is greater;
(2) The mounting of the proposed antenna or small wireless telecommunications facility
would involve the installation of more than four (4) equipment cabinets or more than
one (1) new equipment shelter;
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(3) The mounting of the proposed antenna or small wireless telecommunications facility
would involve adding an appurtenance to the body of an existing wireless
telecommunications support structure that would protrude from the edge of the
original support structure:
(i) more than twenty feet in the case of a macro wireless
telecommunications facility,
(ii) more than three feet in the case of a small wireless
telecommunications facility, and
(iii) in all cases more than the original width of the support
structure at the level of the appurtenance
It will not be considered a "substantial change" if the mounting of the proposed
antenna or small wireless telecommunications facility exceeds the limits herein if it is
necessary or appropriate to do so in order to shelter the antenna from inclement
weather or to provide stealth shielding for the antenna or small wireless
telecommunications facility;
(4) The mounting of the proposed antenna would involve excavation outside the current
existing structure site, defined as the current boundaries of the leased or owned
property surrounding the existing structure and any access or utility easements
currently related to the site;
(5) The modification defeats concealment and/or stealth elements of the support structure;
(6) The modification does not comply with prior conditions of the approval for the
existing structure and/or site; provided, however, that this limitation does not apply to
any modification that is noncompliant only in a manner that would not exceed the
thresholds identified above; or
(7) The modification does not increase the square footage of the existing equipment
compound to an area greater than two thousand five hundred (2,500) square feet.
TOWER — Any structure built for the sole or primary purpose of supporting FCC licensed
or authorized antennas, including the on -site fencing, equipment, switches, wiring, cabling,
power sources, shelters, or cabinets associated with that tower but not installed as part of an
antenna as defined herein.
TRANSMISSION OR WIRELESS TELECOMMUNICATIONS EQUIPMENT — Equipment
that facilitates transmission and reception for any FCC licensed or authorized wireless
telecommunications service, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable and regular and back-up power supply. The term includes
equipment associated with wireless telecommunications services, including, but not limited
to, private, broadcast and public safety services, as well as unlicensed wireless services and
fixed wireless services, such as microwave backhaul.
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UTILITY POLE — A pole or similar structure that is used in whole or in part for the purpose
of carrying electric distribution lines or cables or wires for telecommunications, cable or
electric service or for lighting, traffic control, signage, or a similar function, regardless of
ownership, including Town -owned poles or poles owned by utility companies. Any utility
pole in excess of fifty (50) feet in height shall be deemed a tower and not eligible as a
location for small wireless telecommunications facilities.
WIRELESS TELECOMMUNICATIONS EQUIPMENT --- Any equipment used in connection
with the commercial operation of wireless telecommunications services, as defined herein,
and as the term "personal wireless service facility" is defined in the Communications Act of
1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or any
statute that may replace it, to transmit and/or receive frequencies, including but not limited
to antennas, monopoles, towers and related appurtenances.
WIRELESS TELECOMMUNICATIONS FACILITY — A structure, facility or location
designed or intended to be used as or used to support antennas, along with any antennas
located on such structure, facility or location and any associated equipment. It includes but
is not limited to, monopoles, lattice towers, DAS, microcell or small wireless facilities on
utility poles or strand mounted in the public right-of-way or property of the Town or within
the Town and similar structures that employ stealth technology, including, but not limited
to, structures such as a multistory building, church steeple, silo, water tower, sign or other
similar structures intended to mitigate the visual impact of an antenna or the functional
equivalent of such. It includes any structure, antennas and associated equipment intended
for transmitting and/or receiving radio, television, cellular, paging, 911, personal
telecommunications services, commercial satellite services, microwave telecommunications
or other cellular telecommunications technologies, but excluding those used exclusively for
the Town's fire, police, ambulance, and other dispatch telecommunications or exclusively
for private radio and television reception and private citizen's bands, amateur radio and
other similar telecommunications.
WIRELESS TELECOMMUNICATIONS PROVIDER —An FCC licensed service provider
offering wireless telecommunications to deliver such telecommunications services. These
services may include, but are not limited to, voice, data, or video in either licensed or un-
licensed spectrum. An enterprise business offering to host licensed or unlicensed service
providers by deploying small cell technology such as, but not limited to, DAS and similar
small cells.
Any term contained in this section that is not defined above but is defined by the FCC shall
have the meaning ascribed to it by the FCC.
C. Permissible locations for wireless telecommunications facilities.
Provided it complies with the requirements of this section:
(A) (1) A macro wireless telecommunications facility may be located only in the following
zoning districts of the Town:
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B-R
LI
UR
SB-R
B-MUB and
R
but not (i) on a property designated by the Town as historic, or (ii) on a property listed
on the New York State Register or the National Register of Historic Places or in a
neighborhood that has been designated as historic by the Town, the State of New York,
the County of Westchester or the federal government or (iii) on those properties that are
owned or leased by the Town but are not listed in section 240-19.1 (H).
(2) A small wireless telecommunications facility may be located only in any of the districts
that a macro wireless telecommunications facility may be located and in the ROWS of the
Town.
(3) In addition to the areas specified in section 240-19.1 C (A) (1) and C (A) (2), a macro
wireless telecommunications facility or a small wireless telecommunications facility may be
located on the Town -owned properties listed in section 240-19.1 (H) if permission therefor is
granted by the Town Board.
(B) Neither type of wireless telecommunications facility shall be permitted in any area
within the unincorporated area of the Town other than the areas specified in section 240-
19.1 (A) (1), (2) or (3).
D. Requirements for the installation, alteration, expansion or replacement of a wireless
telecommunications facility whether on private property or Town -owned property.
Except as otherwise provided in this section, no person shall be permitted to construct,
install, or prepare a site for the installation of a wireless telecommunications facility or alter,
expand or replace an existing wireless telecommunications facility without first obtaining:
(i) in the case of a macro wireless telecommunications facility, site plan
approval from the Planning Board followed by a Building Permit issued by
the Building Inspector, or
(ii) in the case of a small wireless telecommunications facility, a small
wireless permit from the Planning Board followed by a Building Permit
issued by the Building Inspector.
E. Application for all types of wireless telecommunications facilities.
(1) An application for the construction or installation of a new wireless telecommunications
facility or a substantial change to an existing wireless telecommunications facility,
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whether a small wireless facility or a macro wireless facility, shall contain the following
information:
(a) A descriptive statement of the applicant's or operator's objectives, and whether the
applicant seeks to satisfy a need, such as improved coverage and/or capacity
requirements;
(b) Documentation that demonstrates the need for the wireless telecommunications
facility to provide service primarily and essentially within the Town. Such
documentation shall include, but not be limited to: (i) information relating to all
other wireless telecommunications facilities and antennas associated with such
wireless telecommunications facilities that are to be deployed in the Town in
conjunction with the proposed wireless facility; and (ii) propagation and/or capacity
studies of the proposed site including, but not limited to, both drive test and
calibrated predictive coverage plots, and all adjoining planned, proposed, in-service
or existing sites that demonstrate a significant area of less than reliable service in
coverage and/or capacity, including an analysis of current and projected usage and
a copy of the search ring within which a new wireless telecommunications facility is
proposed to be located;
(c) The name, postal address, email address and phone number of the person
preparing the report;
(d) The name, postal address, email address and phone number of the property owner,
operator and applicant;
(e) The postal address and Tax Map Section, Block and Lot of the property, or the
postal address and Tax Map Section, Block and Lot of the closest property if the
wireless communication facility is proposed to be located in a right of way,
(e) The zoning district or designation in which the property is situated;
(f) The size of the property, stated both in square feet and lot line dimensions and a
survey prepared by a licensed professional surveyor shoeing the location of all lot
lines (an application to use a ROW does not have to supply this information);
(g) The lot line of the nearest residential structure;
(h) The location, size and height of all existing and proposed structures on the property
which is the subject of the application;
(i) The type, locations and dimensions of all proposed and existing landscaping and
fencing;
(j) The number, type and model of the antenna(s) and if the proposed wireless
telecommunications facility is a small cell installation, the small cell equipment
proposed;
(k) A description of the utility pole, monopole or other structure on which any antenna
or associated equipment for a wireless telecommunications facility is to be located
and a design plan stating the structure's capacity to accommodate multiple users;
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(1) A site plan describing any new proposed structure and antenna(s) and all related
fixtures, associated equipment, appurtenances and apparatus, including, but not
limited to, height above pre-existing grade, materials, color and lighting;
(m)The frequency band, modulation and class of service of radio or other transmitting
equipment;
(n) The actual intended transmission power stated as the maximum effective radiated
power (ERP) in watts of the antenna(s);
(o) Direction of maximum lobes and associated radiation of the antenna(s);
(p) Documentation justifying the total height of any proposed antenna and structure
and the basis therefor. Such justification shall be to provide service within the
Town, to the extent practicable, unless good cause is shown;
(q) Certification that NIER levels at the proposed site will be and remain within the
current threshold levels adopted by the FCC and the State of New York;
(r) A statement signed by an engineer licensed by the State of New York that the
analysis of site RF compliance for the proposed installation is consistent with
applicable FCC regulations, additional guidelines issued by the FCC and industry
practice and in clear compliance with FCC regulations concerning RF exposure;
(s) A copy of the FCC license applicable for the intended use of the wireless
telecommunications facility;
(t) Certification that a topographic and geomorphologic study and analysis has been
conducted and that the subsurface and substrate and the proposed drainage plan,
the site is adequate to assure the stability of the proposed wireless
telecommunications facility on the proposed site;
(u) Certification that if the proposed wireless telecommunications facility will be a
small cell or DAS that each unit/installation will not exceed fifty-five (55) dBA of
acoustic noise, measured five (5) feet from the unit in any direction, or violate any
applicable noise regulation.
(v) Visual EAF with visual addendum
(w) Written certification by an engineer licensed by the State of New York that the
wireless telecommunications facility and support structures and attachments are
designed and will be constructed to meet all local, county, state and federal
structural requirements for loads, including wind and ice loads;
(x) Proof that the wireless telecommunications facility or expansion of an existing
facility is not proposed to be located within the front yard setback area or closer to
the front property line than the setback of the existing principal building, whichever
is more restrictive.
(2) In addition to the requirements of section 240-19.1 (E), an application for collocation
whether for a small wireless facility or a macro wireless facility, shall contain the following
proof:
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(a) The existing wireless telecommunications support structure has been granted all
necessary approvals by the appropriate approving authorities;
(b) The proposed collocation shall not substantially increase the existing wireless support
structure; and
(c) The proposed collocation complies with the final approval of the wireless
telecommunications support structure and all conditions attached thereto and either does
not create a condition for which a variance would be required or for which relief would be
required pursuant to any other applicable law, rule or regulation or that a variance or other
required relief has been obtained.
F. Provisions applicable to macro wireless telecommunications facilities only.
In addition to complying with the other requirements of this section, a macro
wireless telecommunications facility shall meet the following standards and contain the
following submissions:
(1) Ground -mounted equipment associated with macro wireless telecommunications
facilities shall be limited to a height of twelve (12) feet above the existing grade and
shall be no closer to side or rear property lines than the minimum setbacks applicable
to accessory structures within the zone or one (1) foot in those districts where there are
no minimum setbacks.
(2) Support structures for macro wireless telecommunications facilities other than existing
buildings or structures shall be set back from the closest property line a distance equal
to at least one hundred and twenty percent (120%) of the height of the composite
support structure and attached antennas measured from the highest point of the
composite facility to the existing ground level at the base of the facility.
(3) No signs shall be permitted, except for signs two square feet or less in area that display
the name, address and telephone number of the owner of the facility, safety warnings
or instructions, and information regarding the equipment on site. Height shall be
measured from ground level, to the highest point on the wireless telecommunications
facility, or if higher, the highest point on any extension to an existing supporting
structure required to support the wireless telecommunications facility.
(4) A macro wireless telecommunications facility shall be no higher than the minimum
height necessary to achieve its purpose and under all circumstances, no more than one
hundred twenty-five feet in height.
(5) The applicant for a macro wireless telecommunications facility shall submit a list of
eligible locations within the applicant's search area and has ranked the locations in
accordance with the priorities in section 240-19.1 G (7)
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(6) Wind and ice. All macro wireless telecommunications facilities structures shall be
designed to withstand the effects of wind gusts and ice to the standard designed by the
American National Standards Institute as prepared by the engineering departments of the
National Standards Institute as prepared by the engineering departments of the Electronics
Industry Association and Telecommunications Industry Association (ANSI/EIA/TIA-222, as
amended).
(7) Aviation safety. All macro wireless telecommunications facilities shall comply with all
federal and state laws and regulations concerning aviation safety, including but not limited
to, the regulations of the FAA.
(8) Public safety communications. All macro wireless telecommunications facilities shall not
interfere with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby properties.
(9) Radio frequency emissions. A macro wireless telecommunications facility shall not, by
itself or in conjunction with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio
Frequency Electromagnetic Fields," as amended.
(10) Before a building permit is issued, a bond in favor of the Town in an amount sufficient
in amount to secure the removal of a macro wireless telecommunications facility when
it is decommissioned shall be posted. The amount of such bond shall be determined
by the Planning Board, issued by a surety with assets sufficient to assure that it will be
capable of satisfying its obligation and be in a form approved by the attorney for the
Town.
(11) As condition of site plan approval, the Planning Board, upon advice from the Town of
Mamaroneck's insurance carrier, shall determine the amount of insurance coverage
against liability for personal injury, death or property damage that must be maintained
while the macro wireless telecommunications facility is being constructed, after it is
installed and until it is removed. Such insurance shall be issued by an insurance
company with an AM Best Rating of A+, shall name the Town as an additional insured
and must provide that the underwriter notify the Town if the policy expires. Before a
building permit is issued, a copy of such policy must be delivered to the Building
Department. When such policy is renewed or replaced, a copy of the renewed or
replacement policy shall be delivered to the Building Department within thirty (30)
days of its issuance. If such policy lapses, the Town will have the right to revoke
permission for the macro wireless telecommunications facility
G. Provisions applicable to small wireless telecommunications facilities only.
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(1) Design. All small wireless telecommunications facilities shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance with all
current applicable technical, safety and safety related codes, including, but not limited
to, the most -recent editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, and National Electrical Code. All small wireless
facilities shall, at all times, be kept and maintained in good condition, order and repair
by qualified maintenance and construction personnel, so that the same shall not
endanger the life of any person or any property. In addition to the provisions listed in
this section, all small wireless telecommunications facilities shall be designed to
comply with the following requirements:
(a) All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) Small wireless telecommunications facilities and associated equipment shall be
treated to match the supporting structure and may be required to be painted, or
otherwise coated, to be visually compatible with the support structure upon which
they are mounted.
(c) Pole and strand mounted small wireless telecommunications facilities shall be a
minimum of two hundred fifty (250) feet apart radially. They shall be located in line
with trees, existing streetlights, utility poles and other street furniture when possible.
(d) No more than two (2) small wireless telecommunications facilities with associated
antennas shall be mounted to a freestanding pole or structure
(e) Small wireless telecommunications facilities and any associated equipment in the
public right-of-way shall be located so as not to cause any physical or visual
obstruction to pedestrian or vehicular traffic or bicyclists or to otherwise create
safety hazards to pedestrians, motorists, bicyclists or residents or occupants of
buildings, or to otherwise cause inconvenience to the public's use of the public right-
of-way.
(f) To the extent feasible, associated equipment shall be placed underground. Mounted
associated equipment that cannot be placed underground shall be screened from
surrounding views, to the fullest extent possible, through the use of landscaping or
other decorative features. Ground -mounted associated equipment shall be screened,
when possible, by utilizing existing structures. If screening by utilizing existing
structures is not possible, ground mounted associated equipment shall be made
architecturally and aesthetically compatible with the surrounding area through the
use of coatings, landscaping, and/or screening walls, enclosures or other stealth
technology.
(g) Electrical meter cabinets, if required, shall the screened to blend in with the
surrounding area.
(h) Associated equipment attached to a small wireless telecommunications facility
support structure shall have such vertical clearance as the Planning Board or in the
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case of a variance, the Board of Appeals may determine and an applicable utility
company may require.
(2) Wind and ice. All small wireless telecommunications facilities structures shall be
designed to withstand the effects of wind gusts and ice to the standard designed by
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/EIA/TIA-222, as amended).
(3) Aviation safety. Small wireless facilities shall comply with all federal and state laws and
regulations concerning aviation safety, including but not limited to, the regulations of
the FAA.
(4) Public safety communications. Small wireless telecommunications facilities shall not
interfere with public safety communications or the reception of broadband, television,
radio or other communications services enjoyed by occupants of nearby properties.
(5) Radio frequency emissions. A small wireless telecommunications facility shall not, by
itself or in conjunction with other wireless telecommunications facilities, generate radio
frequency emissions in excess of the standards and regulations of the FCC, including,
but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio
Frequency Electromagnetic Fields," as amended.
(6) Small wireless telecommunications facilities shall be no higher than the minimum
height necessary. The proposed height, which may be in excess of the maximum height
permitted for other structures in the applicable zone, shall address any additional
height necessary to accommodate collocation by additional antenna arrays or small
cells, but under no circumstances is the height to be in excess of what is permitted for
small wireless telecommunications facilities.
(7) Visibility
(a) A small wireless telecommunications facility shall be sited so as to have the least -
adverse visual effect on the environment and its character, on existing vegetation
and on the residents in the area of the site.
(b) Both the small wireless telecommunications facility and any and all associated
equipment shall maximize the use of building materials, colors and textures
designed that blend with the structure to which it may be affixed and/or
harmonize with the natural surroundings.
(c) Small wireless telecommunications facilities shall not be artificially lit or marked,
except as required by law. If lighting is required, the applicant shall present a
photometric analysis that shows that the applicant will use best practices for
mitigating the impact of lighting.
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(d) Where deemed appropriate by the Planning Board, electrical and land -based
telephone or fiber lines extended to serve the small wireless telecommunications
facility sites shall be installed underground.
(e) Stealth technologies shall be employed in an effort to blend into the surrounding
environment and minimize aesthetic impact.
(f) Landscaping shall be provided, where appropriate.
(8) Small wireless telecommunications facilities and any associated equipment in the
public right-of-way shall also comply with the procedures and requirements set forth
in chapter 187 of the Town Code relating to construction activities within the public
right-of-way. To the extent any provisions in section 187 are inconsistent with the
provisions set forth in this section, the provisions in this section shall control.
(9) Before a building permit is issued, a copy of a liability insurance policy issued by an
insurance company with an AM Best Rating of A+ must be delivered to the Building
Department. Such insurance shall name the Town as an additional insured and must
provide that the underwriter notify the Town if the policy expires. Such liability
insurance must be maintained throughout the existence of the small wireless
telecommunications facility. When such policy is renewed or replaced, a copy of the
renewed or replacement policy shall be delivered to the Building Department within
thirty (30) days of its issuance.
(6) Maintenance. To the extent permitted by law, the following maintenance requirements shall
apply:
(a) Small wireless telecommunications facilities shall be fully automated and not
require in -person attendance on a daily basis and shall be visited only for
maintenance, replacement or emergency repair.
(b) Such maintenance shall be performed to ensure the upkeep of the facility in order
to maintain an acceptable appearance and promote the safety and security of the
Town.
(c) All maintenance activities shall utilize the best available technology for preventing
failures and accidents.
(d) Any graffiti on any small wireless telecommunications facility support structure or
any associated equipment shall be removed at the sole expense of the owner
within ten (10) days upon notification by the Town.
(7) Priorities.
A. The locations listed (a) through (f) below are the locations for small wireless
telecommunications facilities within the Town listed in the order of preferred locations
with (a) being the most desirable location and (f) being the least desirable location.
Applicants for small wireless communication facilities shall categorize the site that
15
Page 51 of 110
they propose according to the following priorities or shall advise that the proposed site
does not fall into any of the categories.
(a) Collocation on existing utility poles, monopoles, or other small wireless
telecommunications facility support structures on lands owned or controlled by
the Town,
(b) Collocation on a site with existing small wireless telecommunications facilities or
other wireless telecommunications facility structures in the Town,
(c) On the Town -owned properties listed in section 240-19.1 H (1),
(d) On lands owned or controlled by other municipal corporations within the Town, to
the extent permitted by such other municipal corporation, and
(e) On nonresidential zoned properties, and
(f) Within public rights of way.
(B) If the proposed site is not in the most preferred category, the applicant must supply a
detailed explanation as to why a site in a more preferred category was not selected. The
applicant also must satisfactorily demonstrate why approval should be granted for the
proposed site and the hardship that would be incurred if the application were not
approved. Stating that the proposed site has already been leased or purchased is not a
satisfactory demonstration of why approval should be granted for the proposed site.
(C) If collocation is not proposed, the applicant must provide a compelling reason why
collocation it is not being proposed.
(D) Notwithstanding the above, the Planning Board may approve a less preferred site if it
finds that the proposed site will further the purposes of this section, is in the best interest of
the safety, public welfare, character and environment of the Town and will not have a
deleterious effect on the nature and character of the community and surrounding
properties.
H. Application when a wireless telecommunications facility is proposed for Town
property_
(1) New wireless telecommunications facilities and the collocation of such facilities shall be
permitted only on the following properties owned by the Town:
The Weaver Street firehouse
The Maxwell Avenue site
The Town owned building in Memorial Park
Town owned parking lots
Public rights -of -way
The Ambulance Building on Weaver Street
The Hommocks Ice Rink
The Town Center
16
Page 52 of 110
The Senior Center and
The Sheldrake Environmental Center
(2) This section shall not be construed so as to create a right or entitlement to use Town
property for a wireless telecommunications facility.
(3) Applications for a wireless telecommunications facility to be located upon Town -
owned property must satisfy the same requirements and undergo the same type of
review as a wireless telecommunications facility located on privately owned property
must satisfy and undergo.
(4) (a) Before the Building Inspector can issue a small wireless permit for a small wireless
telecommunications facility or pole to be installed within the public right-of-way, a right of
way agreement between the person or entity that will operate the small wireless
telecommunications facility and the Town must be executed by both parties.
(b) The term of the right of way agreement shall not exceed fifteen (15) years, shall
contain the conditions imposed by the Planning Board when it granted the small wireless
permit and require, among other things, that the operator maintain liability insurance with
coverage for an amount that is reasonable under the circumstances. A form right of way
agreement shall be maintained by the Building Department.
(5) In addition to the fees, for a small wireless telecommunications facility permit, every
small wireless telecommunications facility located in a right-of-way shall pay an annual fee
for the use and occupancy of the right-of-way.
I. Provisions applicable to applications for both macro wireless telecommunications
facilities and small wireless telecommunications facilities
(1) All proposed wireless telecommunications facilities (a) shall be sited so as to minimize
visual intrusion as much as possible given the facts and circumstances involved with
the proposed site and facility, (b) where appropriate, will employ stealth technologies
as directed by the applicable municipal board (Town Board, Planning Board or Board
of Appeals), and (c) will be designed, engineered and constructed so as to have the
least -adverse visual and sonic effect on the environment, the character of the
community and surrounding properties.
(2) The Town Board, the Planning Board or the Board of Appeals may retain outside
consultants, including, but not limited to, radio frequency engineers and other wireless
telecommunications consultants to assist it in reviewing an application made pursuant
to this section., The Board may require an applicant to establish, fund and replenish an
escrow account to pay the fees and related costs incurred by the Board for outside
consultants The outside consultant(s) will conduct an independent investigation and
analysis of all applicable data relating to existing and proposed wireless
17
Page 53 of 110
telecommunications facilities, including whether there exists a considerable area(s) of
less than reliable service in coverage and/or capacity and whether the proposed
wireless telecommunications facility will improve service in the area(s) of less than
reliable service. The outside consultant(s) also shall conduct an independent review
and assessment of alternate sites and other technologies that may improve service in
the area(s) of less reliable service and have a less intrusive impact upon the
neighborhood than the site and/or the technology proposed by the applicant.
J. Exemptions.
(1) The following actions shall not require site plan approval or a small wireless permit:
(a) a change in the dimensions of a wireless telecommunications facility if such change is
not substantial.
(b) a modification to, or the replacement of, an existing wireless telecommunications facility
that does not substantially change the existing wireless telecommunications facility.
(c) the repair and/or maintenance of an existing wireless telecommunications facility.
(d) collocation; provided (a) the existing tower, building or structure to which the proposed
antennae are to be mounted or installed has been granted all necessary approvals by the
appropriate approving authorities, (b) was designed to receive the proposed collocation,
(c) will not substantially increase the existing wireless support structure and (d)
complies with the special permit and site plan approval (in the case of a macro wireless
telecommunications facility) or the small wireless permit (in the case of a small wireless
telecommunications facility) and all conditions attached thereto and would not create a
condition for which a variance would be required or for which relief would be required
pursuant to any other applicable law, rule or regulation.
(e) installation of a personal wireless telecommunications device designed for in -home or
in -office use that either provides telecommunications or to boost an existing signal for
telecommunications; provided that there are no installations outside the walls of the
building in which the device is installed and that such device(s) shall be FCC approved
to not interfere with public safety communications or the reception of broadband,
television, radio or other communications services enjoyed by occupants of nearby
properties .
(2) The exempt actions described above shall require a building permit from the Building
Inspector.
Section 3 — Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not
18
Page 54 of 110
affect any other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 — Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
July15,2022
19
Page 55 of 110
Town of Mamaroneck
From: Tracy Yogman - Town Comptroller
Re: Fire Claims
Date: September 7, 2022
I
The following Town of Mamaroneck Fire Department claims have been certified by Chief Shaun Hughes and submitted to the
Comptroller's Office for payment:
VENDOR
DESCRIPTION
Amount
Amazon.Com
Blast Zone Magic Castle to replace damaged Castle, Coloring book,
outdoor light for Back Path and 1500ft reel Cat 7 cable
$ 1,420.65
ASAP
Shipping for uniform repair
33.22
Con Edison
Fire HO gas service 6/29-7/29/22
244.82
Champion Elevator
Maintenance for month of September 2022
192.50
Funtime Amusements
Rental of Bounce Castle for 2021 TMFD Open House
695.00
Home Depot
6 501b bag fast set concrete
35.22
Hu hes Shaun
Collation Rites and Rituals Committee Mtg for EX Chief Frank Cioffi
8/14/22 Fast Drill 8/24/22
195.98
Inkitup
(36) Navy T-shirts, (55) dark heather, (16) XXL for Membership to be
used at Promotional & Fire Education Events
919.25
Optimum
Cable services 8 23-9 22 22
256.43
Ready Refresh
Water Cooler rental & paper fee 7 19-8 18 22
164.12
Verizon
Fire HQ service 8 10-9 9 22
279.35
Total $ 4,436.54
Page 56 of 110
• Town of Mamaroneck
` Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ATTORNEY TEL: (914) 381-7815
FAX: (914) 381-7809
WMakerjr@TownofMamaroneckNY.org
MEMORANDUM
To: Members of the Town Board
cc: Meredith S. Robson, Town Administrator
Allison May, Town Clerk
From: William Maker, Jr., Attorney for the Town
Subject: Filmmaking
Date: September 2, 2022
I attach both a revised version of the proposed local law and a redlined version of the
August 51h draft that shows the revisions.
I made two additional alterations. Although unnecessary since section 99-4 sets forth only
the minimal requirements for an application and the form to be developed by the Administrator
undoubtedly will include it, I added the location of the shoot as a requirement. I also modified
the section regarding insurance to incorporate by reference the requirements for insurance
policies indemnifying the Town.
If the Town Board considers this proposed law worthy of public discussion, it can set a
public hearing to discuss the proposed law. After the hearing is closed, the Board can decide
whether to enact it.
Page 57 of 110
Chapter 99
Filming
§ 99-1. Intent
§ 99-2 Definitions
§ 99-3 License required
§ 99-4 Application for license
§ 99-5 Action by the Administrator
§ 99-6 General requirements
§ 99-7 Limitation on filming
§ 99-8 License fee
§ 99-9 Insurance and bond
§ 99-10 Appeals
§ 99-11 Suspension or revocation of
license
§ 99-12 Penalties for offenses
§ 99-13 Enforcement
§ 99-1. Intent.
It is the intent of the Town Board to allow, but regulate, the use of property within the
unincorporated area of the Town for filming advertising, motion -pictures, television shows,
productions that can be viewed on computers, telephones or other devices, and for taking
photographs to be used in commercial enterprises. Such regulation is intended to allow such
activities in a way that is compatible and does not unduly interfere, with the day-to-day activities
of the Town's residents and merchants.
§ 99-2 Definitions.
As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Town Administrator or a person designated by the Town Administrator.
FILMING
The recording, by any medium, of advertising, motion -pictures, television shows,
productions that can be viewed on computers, telephones or other devices and the taking
of photographs to be used in commercial enterprises. Notwithstanding the previous
sentence, "filming" does not include recordings done by or on behalf of the Town, the
coverage of news, political, cultural, local sports or school events or the recording of
public service announcements.
Page 58 of 110
LICENSEE
Any person or entity whose application fora license under this chapter has been approved.
PUBLIC PROPERTY
Any property located within the unincorporated area that is owned or leased by the Town
of Mamaroneck or that the Town of Mamaroneck has the right to use.
UNINCORPORATED AREA
The unincorporated area of the Town of Mamaroneck.
§ 99-3 License required.
No person or entity shall film in the unincorporated area on either public or private property,
unless a license is issued pursuant to this chapter.
§ 99-4 Application for license.
The license prescribed by this chapter shall be issued by the Administrator. An application
therefor shall be filed in the office of the Administrator at least seven (7) days before the first day
proposed for filming. It shall be on a form containing such information as may be determined by
the Administrator. At a minimum, the application shall require (i) the proposed location for the
filming, (ii) the proposed production schedule, (iii) a description of any activities where there is
a risk of injury, such as car chases, jumps or falls from windows or roofs, fighting, the use of
weapons or like activities, (iv) a statement of whether explosives will be used and if so, where the
explosives will be stored, and (v) a list of all vehicles that will be used during filming or will be
driven by the persons engaged in the filming. After reviewing the application, the Administrator
may request such additional information that in the Administrator's sole judgment is necessary
to determine whether to issue the license.
§ 99-5 Action by the Administrator.
A. The Administrator may approve or deny any application or place conditions or
limitations on a license if filming on the dates and at the times requested would conflict
with other scheduled events in the area, would be detrimental to the community because
of anticipated excessive noise, excessive illumination, unreasonable disruption of traffic,
potential danger to persons or property that could be caused by the proposed filming, or
would unduly interfere with the day-to-day activities of the Towri s residents or
merchants or would otherwise interfere with public health, safety and welfare.
N
Page 59 of 110
B. If the application is approved, the Administrator shall issue a license which shall specify
the days, the hours and the location for filming and contain the conditions and limitations,
if any, imposed by the Administrator.
C. The filming shall adhere strictly to the information and representations contained in the
application, the submissions that accompany the application when it is made and any
other information submitted to the Administrator.
§ 99-6 General requirements.
A. Prior to the first day of filming, the licensee must give written notice of the filming to
properties that are contiguous to the location of the filming and to residents within one
hundred (100) feet of that location.
B. The filming shall be conducted so as not to interfere with access to fire lanes. No objects
shall not be placed within 15 feet of fire hydrants or in passageways leading to fire escapes
or fire lanes. Accessible parking spaces shall be kept free of objects.
C. Any costs that are incurred by the Town by reason of the filming shall be borne by the
licensee. The Administrator may estimate such costs and require the licensee to pay the
amount of the estimate before filming commences.
§ 99-7 Limitation on filming.
No more than fifteen (15) days of filming shall occur on private property or on streets lying within
the R-TA, R-A, R-GA, R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 or R-50 zoning districts in any
calendar year. Upon a showing of undue hardship, the Town Administrator may allow filming
to occur at a property for up to eighteen days in a calendar year.
§ 99-8 License fee.
The fees for applying for, and for a license itself are listed in section A-250-1 of the Code. The
Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State
of New York and the County of Westchester shall be exempt from such fees.
§ 99-9 Insurance and bond.
A. The license shall not be issued until the licensee furnishes an insurance policy in an
amount not less than $1,000,000 indemnifying and holding harmless the Town of
Mamaroneck, its officers, agents and employees from and against any claim, loss or
damage that occurs during filming and for the payment of all damages for death, personal
injury or property damage which may occur during filming by acts or omissions of the
lj
Page 60 of 110
licensee, its agents, employees, contractors or subcontractors. The insurance policy shall
comply with the Minimum Insurance Requirements for Permits & Use of Property within
the Town of Mamaroneck promulgated from time to time by the Town Administrator.
B. In addition, the applicant must produce certificates of insurance showing that it is insured
against any claim, loss or damage which may occur during filming and for the payment
of all damages for death, personal injury or property damage which may occur during
filming by acts or omissions of the licensee, its agents, employees, contractors or
subcontractors. Such certificates also shall be approved by the Town Attorney. Further,
the Town Administrator may require the posting of a bond in an appropriate case
sufficient in amount to ensure that public property and any private property, other than
the private property where the filming will take place, is restored to its condition prior to
filming.
99-10 Appeals.
Any person aggrieved by the denial of an application for a license or by the conditions imposed
with such license may appeal the Administrator's decision to a Committee, consisting of the
Town Supervisor and one Town Board member designated by the Town Board. The Committee
shall review such appeal and may reverse, modify or affirm the action of the Town Administrator
if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not
supported by substantial evidence.
§ 99-11 Suspension or revocation of license.
A. The Administrator may suspend or revoke a license issued pursuant to this chapter for any of
the following reasons:
(1) Failure when filming to adhere to the information and representations contained in the
application for the license, the submissions that accompany the application when it is made and
any other information submitted to the Administrator, or
(2) Failure to adhere to the conditions imposed upon the license by the Administrator, or
(3) Disorderly conduct, conduct detrimental to the health and safety of others or conduct
constituting a breach of the public peace by the licensee, its agents, employees, contractors or
subcontractors, or
(4) Violation by the licensee, its agents, employees, contractors or subcontractors of any law or
ordinance or any rule or regulation
4
Page 61 of 110
B. Notice of the suspension or revocation of a license may be given orally to the licensee or the
person in charge of the filming, by electronic communication or in writing to the licensee at the
address given by the licensee for such communication.
C. The suspension or revocation of a license shall bar such licensee from applying for a new
license within one year from the date of revocation.
D. If a license is suspended or revoked, the applicant shall not be entitled to a refund of any
portion of the license fee.
§ 99-12 Penalties for offenses.
It shall be an offense for any person, firm or corporation to violate or to fails to comply with any
provision of this chapter or any rule or determination made thereunder, or to undertake filming
in the unincorporated area without first securing a license therefor. A person who commits such
offense shall upon conviction, be punished by a fine of $250. Each day that a violation occurs shall
be deemed a separate offense.
99-13 Enforcement.
This chapter shall be enforced by Town Administrator, the Deputy Town Administrator, the
Building Inspector, any Assistant Building Inspector, any Code Enforcement Officer, the Director
of Building Code Enforcement and Land Use Administration, the Fire Inspector or any police
officer.
September 02, 2022
9
Page 62 of 110
Chapter 99
Filming
§ 99-1. Intent
§ 99-2 Definitions
§ 99-3 License required
§ 99-4 Application for license
§ 99-5 Action by the Administrator
§ 99-6 General requirements
§ 99-7 Limitation on filming
§ 99-8 License fee
§ 99-9 Insurance and bond
§ 99-10 Appeals
§ 99-11 Suspension or revocation of
license
§ 99-12 Penalties for offenses
§ 99-13 Enforcement
§ 99-1. Intent.
It is the intent of the Town Board to allow, but regulate, the use of property within the
unincorporated area of the Town for filming advertising, motion -pictures, television shows,
productions that can be viewed on computers, telephones or other devices, and for taking
photographs to be used in commercial enterprises. Such regulation is intended to allow such
activities in a way that is compatible and does not unduly interfere, with the day-to-day activities
of the Town's residents and merchants.
§ 99-2 Definitions.
As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Town Administrator or a person designated by the Town Administrator.
FILMING
The recording, by any medium, of advertising, motion -pictures, television shows,
productions that can be viewed on computers, telephones or other devices and the taking
of photographs to be used in commercial enterprises. Notwithstanding the previous
sentence, "filming" does not include recordings done by or on behalf of the Town, the
coverage of news, political, cultural, local sports or school events or the recording of
public service announcements.
Page 63 of 110
LICENSEE
Any person or entity whose application fora license under this chapter has been approved.
PUBLIC PROPERTY
Any property located within the unincorporated area that is owned or leased by the Town
of Mamaroneck or that the Town of Mamaroneck has the right to use.
UNINCORPORATED AREA
The unincorporated area of the Town of Mamaroneck.
§ 99-3 License required.
No person or entity shall film in the unincorporated area on either public or private property,
unless a license is issued pursuant to this chapter.
§ 99-4 Application for license.
The license prescribed by this chapter shall be issued by the Administrator. An application
therefor shall be filed in the office of the Administrator at least seven (7) days before the first day
proposed for filming. It shall be on a form containing such information as may be determined by
the Administrator. At a minimum, the application shall require (i) the proposed location for the
filming, (ii) the proposed production schedule, (iii) a description of any activities where there is
a risk of injury, such as car chases, jumps or falls from windows or roofs, fighting, the use of
weapons or like activities, (iv_l-i) a statement of whether explosives will be used and if so, where
the explosives will be stored, and (iv) a list of all vehiclesincluding license t)1ate 424442,4.^rS that
will be used during filming or will be driven by the persons engaged in the filming. After
reviewing the application, the Administrator may request such additional information that in the
Administrator's sole judgment is necessary to determine whether to issue the license.
§ 99-5 Action by the Administrator.
A. The Administrator may approve or deny any application or place conditions or
limitations on a license if i the ^ ,a,Y,inistr-at t:'s sale judgm ent filming on the dates and
at the times requested would conflict with other scheduled events in the area, would be
detrimental to the community because of anticipated excessive noise, excessive
illumination, unreasonable disruption of traffic, potential danger to persons or property
that could be caused by the proposed filming, or would unduly interfere with the day-
to-day activities of the Towri s residents or merchants or would otherwise interfere with
public health, safety and welfare.
4
Page 64 of 110
B. If the application is approved, the Administrator shall issue a license which shall specify
the days, the hours and the location for filming and contain the conditions and limitations,
if any, imposed by the Administrator.
C. The filming shall adhere strictly to the information and representations contained in the
application, the submissions that accompany the application when it is made and any
other information submitted to the Administrator.
§ 99-6 General requirements.
A. Prior to the first day of filming, the licensee must give written notice of the filming to
properties that are contiguous to the location of the filming and to residents within *****
one hundred (100) feet of thate prepesed location.
B. The filming shall be conducted so as not to interfere with access to fire lanes. No objects
shall not be placed within 15 feet of fire hydrants or in passageways leading to fire escapes
or fire lanes. Accessible parking spaces shall be kept free of objects.
C. Any costs that are incurred by the Town by reason of the filming shall be borne by the
licensee. The Administrator may estimate such costs and require the licensee to pay the
amount of the estimate before filming commences.
§ 99-7 Limitation on filming.
No more than fifteen (15) days of filming shall occur on private property or on streets lying within
the R-TA, R-A, R-GA, R-2F, R-6, R-7.5, R-10, R-15, R-20, R-30 or R-50 zoning districts in any
calendar year. Upon a showing of undue hardship, the Town Administrator may allow filming
to occur at a properly for up to eighteen days in a calendar year.
§ 99-8 License fee.
The fees for applying for, and for a license itself are listed in section A-250-1 of the Code. The
Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State
of New York and the County of Westchester shall be exempt from such fees.
§ 99-9 Insurance and bond.
A. The license shall not be issued until the licensee furnishes an policy 0 insurance policy in
an amount not less than $1,000,000 indemnifying and holding harmless the Town of
Mamaroneck, its officers, agents and employees from and against any claim, loss or
damage that occurs during filming and for the payment of all damages for death, personal
injury or property damage which may occur during filming by acts or omissions of the
3
Page 65 of 110
licensee, its agents, employees, contractors or subcontractors. The insurance policy shall
comply with the Minimum Insurance Requirements for Permits & Use of Property within
the Town of Mamaroneck promulgated from time to time by the Town Administrator,
B. In addition, the applicant must produce certificates of insurance showing that it is insured
against any claim, loss or damage which may occur during filming and for the payment
of all damages for death, personal injury or property damage which may occur during
filming by acts or omissions of the licensee, its agents, employees, contractors or
subcontractors. Such certificates also shall be approved by the Town Attorney. Further,
the Town Administrator may require the posting of a bond in an appropriate case
sufficient in amount to ensure that public property and any private property, other than
the private property where the filming will take place, is restored to its condition prior to
filming.
§ 99-10 Appeals.
Any person aggrieved by the denial of an application for a license or by the conditions imposed
with such license may appeal the Administrator's decision to a Committee, consisting of the
Town Supervisor and one Town Board member designated by the Town Board. The Committee
shall review such appeal and may reverse, modify or affirm the action of the Town Administrator
if the Committee finds that the action of the Town Administrator was arbitrary, capricious or not
supported by substantial evidence.
§ 99-11 Suspension or revocation of license.
A. The Administrator may suspend or revoke a license issued pursuant to this chapter for any of
the following reasons:
(1) Failure when filming to adhere stray to the information and representations contained in
the application for the license, the submissions that accompany the application when it is made
and any other information submitted to the Administrator, or
(2) Failure to adhere stray to the conditions imposed upon the license by the Administrator, or
(3) Disorderly conduct, conduct detrimental to the health and safety of others or conduct
constituting a breach of the public peace by the licensee, its agents, employees, contractors or
subcontractors, or
(4) Violation by the licensee, its agents, employees, contractors or subcontractors of any law or
ordinance or any rule or regulation
4
Page 66 of 110
B. Notice of the suspension or revocation of a license may be given orally to the licensee or the
person in charge of the filming, by electronic communication or in writing to the licensee at the
address given by the licensee for such communication.
C. The suspension or revocation of a license shall bar such licensee from applying for a new
license within one year from the date of revocation.
D. If a license is suspended or revoked, the applicant shall not be entitled to a refund of any
portion of the license fee.
§ 99-12 Penalties for offenses.
It shall be an offense for any person, firm or corporation to violate or to fails to comply with any
provision of this chapter or any rule or determination made thereunder, or to undertake filming
in the unincorporated area without first securing a license therefor. A person who commits such
offense shall upon conviction, be punished by a fine of $250. Each day that a violation occurs shall
be deemed a separate offense.
§ 99-13 Enforcement.
This chapter shall be enforced by Town Administrator, the Deputy Town Administrator, the
Building Inspector, any Assistant Building Inspector, any Code
Enforcement Officer, the Director of Building Code Enforcement and Land Use Administration,
the Fire Inspector or any police officer.
Atigast 5Se tember 02, 2022
9
Page 67 of 110
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Richard Polcari, Building Inspector
Re: Discussion - OpenGov Software Agreement
Date: September 2, 2022
Action Requested:
After an extremely thorough review of available software for operational enhancements in many of our
departments, including Building, Town Clerk, Highway, Engineering and Comptroller, staff has
selected the "OpenGov" product. This product will enable much more efficient operations in each of
these departments and allow for greater online presence for the public for all forms of permitting and
complaints and for internal record keeping and other processes. This software will replace many of the
existing programs and will add an online presence that does not currently exist which will provide both
a public and internal operational benefit.
The OpenGov software is being purchased through an existing Sourcewell cooperative purchasing
agreement. There are two other components of this programmatic enhancement that will also be added
to the system.
Resolved that the Town Board hereby authorize the Town Administrator to execute the
agreement and any related documents necessary to carry out its implementation.
Attachment/s:
SOW Town of Mamaroneck, NY OpenGov 8.30.22
SHI Quote Town of Mamaroneck, NY-21965908 (11
Page 68 of 110
E)OPENGOV
Statement of Work
Town of Mamaroneck, NY
Created by: Ariana Tuckey
Creation Date: 08/29/22
Document Number: DD-02523
Version Number:3
2
Preamble 2
Methodology 3
Project Initiation 3
Best Practice Review 4
Configuration 4
Validation 4
Deploy 5
Project Completion 5
Project Schedule 5
Roles and Responsibilities
Roles and Responsibilities Matrix 5
Governance
Regular Communication Components 8
Commitment to Project Direction and Goals 9
Escalation Process
Process 10
Escalation Requirements 10
Documentation 11
General Project Commitments
Project Scope
OpenGov Reporting & Transparency Platform 12
OpenGov Reporting & Transparency Platform Project Deliverables 12
1
Page 69 of 110
Q OPENGOV
Project Tasks 12
Initiate 12
Configuration 13
Validation 13
Deploy 13
OpenGov Citizen Services Suite (CIT Suite) 14
CIT Suite Project Deliverables
14
Project Tasks
14
Initiate
14
Configuration
15
Validation
18
Deploy
19
Acceptance
Acceptance Process 19
Acceptance Requirements 20
Change Management
Appendix A - Customer Record Types
1. Overview
1.1. Preamble
This Statement of Work ("SOW") identifies services that OpenGov, Inc. ("OpenGov" or "we")
will perform for Town of Mamaroneck, NY ("Customer" or "you") pursuant to that order for
Professional Services entered into between OpenGov and the Customer ("Order Form")
which references the Software Services Agreement or other applicable agreement entered
into by the parties (the "Agreement").
• Customer's use of the Professional Services are governed by the Agreement and not
this SOW.
• Upon execution of the Order Form or other documentation referencing the SOW, this
SOW shall be incorporated by reference into the Agreement.
• In the event of any inconsistency or conflict between the terms and conditions of this
SOW and the Agreement, the terms and conditions of this SOW shall govern with
respect to the subject matter of this SOW only. Unless otherwise defined herein,
capitalized terms used in this SOW shall have the meaning defined in the Agreement.
• This SOW may not be modified or amended except in a written agreement signed by
a duly authorized representative of each party.
• OpenGov will be deployed as is, Customer has access to all functionality available in
the current release.
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Best Practices Review
Wool
nitiation Validation Deploy Project
Configurationyr > Completion
Initiation
Best Practice Review
Validation
Go Live
Project Completion
Key Activities: Learning and appllcatlon of Best
Key Activities:
Practices, Hands-on Workshops, Admin Training
Key Activities:
Key Activities: System
Key Activities: Final
Introductions, project plan
Key Work Products: Document Request
Configuration Review,
in use
Acceptance, Transition tc
review. establish charter
Checklists, Solution Recommendation, Data Map,
User Acceptance Testing,
Customer Success
and plan timelines
Solution Document
Data Confirmation, User
Key Work Products:
Manager and Technical
Training
Project Documentation
Support, Feedback survey
Key Work Products: Roles
and responsibilities
Configuration
Key Work Products: Data
Key Work Products: Project
Overview. Project Plan,
Key Activities: Application and Solution
Validation, Customer
Acceptance, Transition
Charter and Schedule
r-", , " "'n, Initial Data Migration
Review
Key work Products. (, J,ition Configuration, Peer
Re,. , ,, !._i._. _, �i,-rent
2. Methodology
OpenGov's deployment methodology, often referred to as the OpenGov Way ("OG Way"),
delivers on OpenGov's mission to power more effective and accountable governments.'It is
an innovative, modern, and iterative approach that leads our customers to successfully
deploy our products and help them successfully achieve their vision. The OG Way
differentiates itself in the market by its foundation of customer empowerment. We rely on
our years of experience working with governments, leading in governments, and leveraging
best practices from the public and private sector in order to coach our customers through
the change management needed to leverage our best practices and quality software. This
methodology requires a degree of focus and engagement to ensure collaboration between
both parties to produce the desired results in a timely manner. We look forward to our
partnership and can't wait to show you how The OG Way will improve the way you do
business and the services you're able to provide to your citizens!
Project Initiation
During project initiation, we will introduce project resources, review the products and
services purchased, finalize project timelines, and conduct the kickoff meeting. Both
OpenGov and Customer are responsible for assigning their Project Managers for the
project. We will hold a planning meeting to review all project documents OpenGov has
received to date. We'll also provide additional worksheets that need to be included. We'll
set-up meetings to finalize the project plan and ensure there is a centralized location for
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these documents to be stored for collaboration. Lastly, we'll determine the date for the
larger kickoff meeting and discuss the agenda for this critical meeting.
Best Practice Review
• OpenGov will provide your team with access to OG University and OpenGov's
Resource Center so that you can start learning.
• Provided checklists with samples of data and information that we'll need completed.
We will obtain all data and integration information at this time in our standard format.
• We will review your agency -specific documents to validate your business
requirements.
• We will then coach you on our best practices by showing you how our tool works in
the most effective manner.
• Based on our best practices review, we'll make solution recommendations based on
our domain expertise.
• We'll align with your team based on our understanding of your operating processes
based on technical requirements and product functionality.
• We'll review all data and integration requirements. A data map will be mutually
agreed upon and signed off on by Customer.
• We'll present a solution document to be mutually agreed upon prior to starting the
configuration.
Configuration
• We will set-up the base configuration based on the mutually agreed upon solution
document.
• We will mutually configure the use cases based on the mutually agreed upon solution
document.
• We will migrate your data based on our mutually agreed upon data map.
Validation
• Review the completed work performed during configuration.
• The appropriate members of the Customer project team will confirm that the
solution has been configured correctly based on the solution and data mapping
documents by testing the use of the solution.
• Training will be provided based on the selected package, or as set forth herein.
• Any items that were configured or migrated incorrectly based on the data map and
solution document will be tracked via an issue log. We will work with your team to
identify deployment critical issues that will be worked out prior to launch. If the item
is not included in the mutually agreed upon data map and solution document, a
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mutually agreed upon change order will be discussed as defined in Section 10
Change Management of this SOW.
• The exit criteria for this phase is the sign off by the Customer's Project Manager of
the configuration based on the mutually agreed upon solution and data map as
defined in Section 9 Acceptance of this SOW.
Deploy
• The solution is usable by Customer.
Project Completion
• Customer is sent a project acceptance form to sign as defined in Section 9
Acceptance of this SOW.
• Customer will be asked to respond to a brief survey to provide feedback about the
experience.
• Customer is introduced to Customer Support and educated on how to engage with
customer support based on Customer's procured package.
3. Project Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless
specifically noted, the OpenGov assigned project manager (as identified below or such
alternate designated by OpenGov, the "OpenGov Project Manager") will work with Customer
Project Manager to develop the project schedule for all requested deliverables under this
SOW. OpenGov reserves the right to adjust the schedule based on the availability of
OpenGov resources and/or Customer resources, and the timeliness of deliverables provided
by the Customer.
4. Roles and Responsibilities
4.1. Roles and Responsibilities Matrix
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Sponsor attends monthly (or other frequency) executive
meetings to review deployment status, documented issue list,
status and closure summary.
Project Manager
Responsible for the delivery of the professional services based
("PM")
upon the agreed upon contract and SOW within the budgeted
hours and timeframe. Ensures the project is properly forecasted,
assigns tasks/resources, and tracks toward project completion.
Holds executive steering committee meetings and/or quarterly
business reviews as appropriate to ensure project issues are
properly escalated and success is achieved. Facilitates the
transition to support.
Analyst ("IA")
Responsible for helping Customer configure OpenGov's product
suites as assigned. The Analyst is the primary consultant,
guiding Customer through configuration working sessions to put
together successful workflows.
Subject Matter
OpenGov Subject Matter Experts ("SMEs") will engage in
Expert ("SME")
strategy, design, and execution discussions internally and with
Customer during the deployment. The SME has a specific area of
expertise, and depending on the scope of the project more than
one SME may engage. The SME will not be on all working
sessions, but will be involved per the direction of the OpenGov
Project Manager.
Integration Engineer
Responsible for migrations, conversions, and integrations as
("IE")
assigned. Responsible for providing clear direction on
specifications to ensure proper delivery of migration,
conversions, and integrations. Clear data mapping and data
validation to be provided with customer sign -offs obtained by the
OpenGov Project Manager.
Account Executive
The Account Executive is responsible for the sales cycle. Aligning
("AE")
on program vision, value proposition, and contract terms. The
Account Executive will facilitate project kickoff along with the
OpenGov Project Manager. The Account Executive will be
engaged with the customer throughout theirjourney with
OpenGov, post -deployment and beyond.
Customer Manager
The Customer Manager ("CM") is the primary customer
("CM")
relationship holder post -Deploy. The "Air Traffic Controller" or
"Quarterback" of OpenGov resources with focus on long term
success of Customer's partnership with OpenGov. The CM will
engage with Customer to discuss adoption strategy and conduct
periodic reviews to ensure Customer's key stakeholders
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understand all OpenGov offerings and how they align to key
Customer priorities. The CM will be introduced at deployment
kick-off, but will not be an active participant in deployment
working sessions. As the deployment approaches closure, the
CM's engagement will ramp -up, and the OpenGov Project
Manager to CM meeting with Customer will occur prior to Project
Completion.
Customer
Role
Role Description
Budget Owner ("BO")
The Customer Budget Owner commits the funds to the project
deployment, assesses the value to the cost (ROI), and approves
changes orders. In some cases, the Budget Owner and Executive
Sponsor are the same person.
Executive Sponsor
Responsible for ensuring Customer team is aligned to core
("ES")
project value proposition and goals. Able to intervene if the
project goes off track, and has ability to make decisions on
timeline and budget when decisions are stalled. The Executive
Sponsor is not expected to regularly attend deployment working
sessions. Executive Sponsors, attend monthly (or other
frequency) executive meetings to review deployment status,
documented issue list, status and closure summary.
Project Manager
Serves as the primary contact for OpenGov Project Initiation,
("PM")
Best Practice Review, Configuration, Validation, Deploy, Project
Completion. Coordinates meetings and schedules. Controls
communication between the Customer and OpenGov project
teams.
Project Lead ("PL")
Is an internal SME in the functional area of deployment. Attends
working sessions, trainings, and responsible for reviewing
configurations. Primary OpenGov counterpart will be the
Analyst.
Data and
Responsible for mapping out data infrastructure and validating
SystemsLead ("DSL")
migration, conversion, integration requirements. Someone who is
able to connect OpenGov team with any of Customer's
third -party data sources and vendors as needed to fulfill SOW
requirements.
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5. Governance
Project Governance provides the foundation and framework to manage deployments by
assessing progress and addressing questions and challenges during the course of
deployment. OpenGov follows three guiding principles for governance to maximize the
deployment value with our customers:
• Regular communication aligned to the agreed upon project plan and timing will
occur. OpenGov expects our customers to raise questions or concerns as soon as
they arise. OpenGov will do the same, as we can only address items when known.
• Executive involvement is expected from both OpenGov and Customer. Not only may
Executives be called upon to clarify expectations and/or confusion, but also to steer
strategic items to maximize the value through the deployment.
• Commitment to the direction outlined in this SOW and critical assessment change
orders to ensure they drive value.
5.1. Regular
Communication
Components
Frequency..Participants
Meeting
OpenGov
Customer
Engagement
Quarterly
Overview of
PM, ES,
PM, PL,
Management
Review
Program Status,
others as
ES, others
Review
Value Realization,
necessary
as
("QMR")
trends, savings
necessary
reports, program
improvement,
technology, and
discuss program
adjustments
Statement
Bi-Annually
Review of
PM, ES,
PM, BO.
Committee
milestones per
AE, CM
ES
commercial
agreement, review
budget and fiscal
matters.
Discuss strategic
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direction from
deployment,
alignment of
OpenGov with
Customer's 3-year
roadmap, evaluate
potential shift in
strategy and
impact to
relationship
Executive Sponsor Meeting
Monthly /
Discuss
PM, ES,
PM, ES,
Bi-Monthly
deployment:
plus
plus
- Strategic
others as
others as
impacts: timing,
necessary
necessary
scope, process
- Value prop
changes,
confusion
- Project specific:
items that need
guidance, support
and/or clarity
Weekly Deployment Updates
Weekly
Summary of
Project
Project
project actions
Team +
Team +
against project
ES(s)
ES(s)
plan.
Risks and
achievements
highlighted in
addition to asks of
leadership.
5.2. Commitment to Project Direction and Goals
This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan
is paramount for our Customers to attain the value the SOW or any subsequent change
order outlines.
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Should direction of the deployment become disconnected, OpenGov and Customer Project
Managers will outline the gaps as they understand them and communicate the gaps to their
respective Executive Sponsor(s) (or Project Teams) for discussion and resolution.
The communication path for this engagement will be outlined in the kick off meeting,
documenting both phone numbers and email. The general path is:
OpenGov Project Manager --> Professional Services Sr. Manager / SVP --> Executive Sponsor
6. Escalation Process
The purpose of this section is to define the escalation process, should it be needed, to
support closing issues that are raised, discussed to move forward with the deployment.
OpenGov and Customer agree to raise concerns and follow the escalation process, resource
responsibility, and documentation.
6.1. Process
• Identification of an issue impeding deployment progress, outcome or capturing the
value proposition, that is not acceptable.
• Customer or OpenGov Project Manager summarizes the problem statement and
impasse.
• Customer and OpenGov Project Managers will outline solution, acceptance or
schedule Executive review in accordance with SLA as defined in Section 7 General
Project Assumptions.
• Resolution will be documented and signed off following Executive review in
accordance with SLA as defined in Section 7 General Project Assumptions.
6.2. Escalation Requirements
• OpenGov and Customer Project Managers will summarize the impasse and
recommendation to present at scheduled or ad hoc executive meetings. Unless
otherwise noted in this SOW, Customer Project Manager can approve how hours are
used, but not where funding is required.
• Executive Sponsors attend monthly (or other frequency) executive meetings to
review deployment status, documented issue list, status, and closure summary.
• Steering Committees, where applicable, will be the arbitrator to direction and issue
closure. Unless otherwise noted in this SOW, the Customer Executive Sponsor must
approve change orders that result in additional cost.
• Customer or OpenGov Subject Matter Experts may be requested to provide input to
the issue and assist in closure. Both Customer and OpenGov will make best effort to
enable those Subject Matter Experts to be available and participate.
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6.3. Documentation
• Issue Escalation: Problem Statement with clear impact to the deployment and/or
engagement.
• Acceptance Document: Which will include any change order(s) or other process
adjustments required and summary of the resolution.
• Notes from Project Meetings, Executive Reviews, and Steering Committee meetings,
as appropriate.
7. General Project Commitments
OpenGov is excited to work with Customer on the implementation of our OpenGov
ERP Cloud. In order to ensure we are able to meet the project timeline and ensure
Customer is successful in this implementation, OpenGov asks that Customer abide
by the General Assumptions detailed in this SOW.
• This SOW is limited to the Implementation of the OpenGov Cloud as defined
in the Project Scope. Any additional services or support will be considered out
of scope.
• Customer will commit and provide access to all necessary stakeholders and
subject matter experts, and other key parties whose roles are defined in
Section 4.1, necessary to the successful implementation of the OpenGov ERP
Cloud as defined in this SOW.
• Customer is responsible for internal change management associated with the
purchase of new software.
• Response Protocol
• OpenGov and Customer commit to responding to inquiries, updates, or
any other project -related matters in no more than 10 business days
throughout the course of this project. If Customer is delayed in its
response, Customer acknowledges that: a) the delay may impact the
project schedule; and b) any fees for Professional Services due to
OpenGov after such delay shall become due and OpenGov may invoice
Customer for such prepayment.
• As set forth in Section 6.1(e) of the Agreement, if extended delays in
Customer responsiveness are encountered, OpenGov may opt to put
the project into an "On Hold" status, which includes causing OpenGov
to stop or cause to be stopped the Professional Services to be
provided to the Customer, until the Customer has fulfilled its
obligations set forth in the On Hold Notice as described in the
Agreement.
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o The Professional Services will be provided during regular business
hours (8am to 6pm Eastern Time) Monday through Friday (holidays
excluded).
• SOW Expiration:
o This SOW is valid for up to 90 days from the Creation Date, or as
agreed to in writing by OpenGov and Customer.
S. Project Scope
8.1. OpenGov Reporting & Transparency Platform
8.1.1. OpenGov Reporting & Transparency Platform Project
Deliverables
OpenGov Cloud based Reporting & Transparency Platform that includes:
Reporting & • Stories
Transparency • Reporting
Platform • Dashboards
• Transparency Portal
.1.2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov Reporting & Transparency Platform implementation.
8.1.2.1. Initiate
Provisioning OpenGov will provision Customer's OpenGov entity and verify Customer
R&T Platform I has access to all purchased modules.
OpenGov OpenGov will provide access to OpenGov University online training
University courses intended to teach users on the basics of the Reporting &
Platform Transparency Platform.
Training
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8.1.2.2. Configuration
OpenGov OpenGov will:
Reports • Train Customer on uploading datasets to the Reporting and
Transparency platform for the purposes of creating reports and
saved views
8.1.2.3. Validation
Data I Customer will validate and sign off on the datasets uploaded as part of
the implementation.
R_1.2.4_ Denlov
-
Training
0 enGov train Customer on how to:
p
Stories
• Create new stories
• Update/Maintain current stories
• Publish internally and externally
Training
OpenGov will train Customer on report:
OpenGov
• Configuration
Reports
• Update/Maintenance
• Publishing internally and externally
Training
OpenGov will train Customer on Dashboard:
Dashboards
• Configuration
• Update/Maintenance
• Publishing internally and externally
Platform
OpenGov will train Customer on Platform maintenance::
Training
• Users
• Uploading data
Sign Off
Customer will sign off that they have been trained on Stories, OpenGov
reports, and Dashboards
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8.2. OpenGov Citizen Services Suite (CIT Suite)
8.2.1. CIT Suite Project Deliverables
CIT Suite Cloud based Permit, Licensing, Code Enforcement software for 4
Service Areas (Engineering/Highway, Building/Trades, Planning/Zoning,
Clerk) to include
• 10 Record Type(s) (forms, document templates, fee schedules,
workflows) built by OpenGov
0 1 Record Type will be used for combination building
permit
o Customer will identify remaining 9 Record Types to be
built by OpenGov during project planning phase.
Customer will identify Record Types to be configured
from the list in Appendix A.
• CIT System Training
• Configuration Training
• Internal user Training
• Migrations and Integrations
8.2.2. Project Tasks
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov CIT Suite implementation.
8.L.1.1. initiate
Functionality Description
Creating OpenGov will provision a CIT environment and FTP site. Customer
Environment system administrator will be added to the environment following
contract signing and creation.
Documentation Customer will provide OpenGov with:
Receipt • Existing application forms
• Current workflows
• Gathering all existing supporting documentation
System Training During the CIT System Configuration, OpenGov will provide System
Training designed for system administrators, which will include:
• How to create and customize the public portal in CIT
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• How to create and customize CIT record types (forms, document
templates, fee schedules, workflows)
• How to set up inspections in CIT
• How to create datasets in CIT
• The basic functions of any integrations or other customizations
included in the SOW
• How to export a dataset from the app
8.2.2.2. Configuration
Functionality Description
Record Type OpenGov will configure up to 10 standard record type drafts of
Configuration Customer's record types in the CIT system.
(OpenGov-
Standard) Along with Customer input OpenGov will be responsible for building:
• Customer Application Forms
• Customer Workflow
• Output Documents
• Adding in Customer Fees
OpenGov will hold working sessions* between the OpenGov and
Customer for the purpose of validating, reviewing, and iterating upon
draft record types configuration.
*Working All working sessions will focus on:
Session • Forms
• Workflows
• Fee structures
• Attachment requirements
• Permit/license/letter templates
• Useraccess
• Renewal processes
• Inspection checklists
• Public portal
Record Type OpenGov will provide 5, 60-minute configuration training sessions to
Configuration enable Customer to own configuration of their remaining Record Types.
Training • Sessions will focus on:
Sessions o Hands-on training for building, configuring, and
maintaining Record Types in CIT.
o Best practice recommendations on Record Type:
■ Building
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■ Configuring
■ Maintenance
At the end of configuration training sessions, Customer will be
responsible for maintenance and configuration of all Record Types.
Historical Data I OpenGov will scope, format, and script data from Customer's Municity
on Migratiexport to the CIT suite.
• Resulting migration script provides an initial load of data into the
CIT suite.
• Just prior to Deploy, after Customer acceptance, OpenGov will
re -run the migration with the latest data.
• Dependant on having an MAT migration
Data migration includes:
• Applicant data
• Location information (Records will only be linked to locations if
an ID, MBL, or other logical link is provided to match up to the
Customer's address integration)
• Fees and payments (will be migrated as form data)
• Inspections (will be migrated as form data)
• Contractors, work description and other Form Data
• Other multi -entry form data
• Grouping of records under project names
Data Migration and File Requirements:
• OpenGov will accept:
o Text Delimited File (i.e. CSV)
o Excel (.xlxs file)
• OpenGov will not accept:
o Non -relational database
All other databases require additional scoping and may not work
Data migration does not include:
• Cleaning of any corrupted data
• Creation and linking of applicant accounts
• Integration of historical fees and payments into workflow or
financial reports.
• Logs of permit changes
• Migration of any data into the workflow (i.e. pending or
completed sign -offs, fee steps, document issuance, inspections).
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• Permit attachments
• Import of contractor database
• Hierarchical relationships between records
Form -field mapping is not included as part of this historical data
migration.
Document
OpenGov will import documents attached to either migrated permits or
Migrations
locations provided through a Master Address Table (MAT) integration.
• Requirement:
• Dependent on having a Historical Migration and/or MAT
Integration
• Customer must provide a single file (Excel, CSV, etc) with
one row per document, with a unique identifier for the
related permit or location, and the file's physical location
(a file path or URL).
• Customer will need to either provide a copy of the files or
grant CIT access to the file locations in order to migrate
them.
• The folder structure of the documents provided must
reflect the paths provided in the file.
• Data cleanup/correction is not included
Document
OpenGov will provide the ability for a Customer to access a listing of
Management
filenames and file paths of all submitted forms, issued documents, and
Access
record attachments, along with record and location metadata for use by
Customer to import into a third -party document management system.
Import of data into the third -party system will be Customer's
responsibility.
The methods OpenGov can provide are:
• ODBC access to a Microsoft SQL Server Database view
containing the information
• A CSV file FTP'd to a location of the Customer's choosing.
Note: Documents are not contained in either solution; however, a link to
download each individual file.
Recurring
OpenGov will import the Customer's location information from your
Master Address
Master Address Table (MAT) file (CSV) into CIT.
Table (MAT)
Import
Customer will provide a clean MAT including all of the community's
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location information. It must contain the parcel properties
latitude/longitude coordinates, and at least 1 unique ID field. The unique
ID can never change. OpenGov does not take responsibility for'dirty'
data.
ESRI ArcGIS
OpenGov will integrate the CIT suite with the Customer's ArcGIS Server.
Server
Customer is responsible for providing a publicly -accessible secure ESRI
Integration
REST API URL.
Note: WFS link will not suffice
GIS Flag
OpenGov will enable GIS Flag Integration:
Integration
. Import a list of flags into the CIT suite. Flags can be provided
either on the Parcel Layer or other layer on the GIS Server
through the ESRI REST API URL.
• Layers must be configured as a polygon--polylines and points are
not supported in this integration.
Dependent upon Master Address Table and ESRI ArcGIS Server
Integration
Accounting &
For a financial export, Customer will provide OpenGov the required
Finance Export
format and a sample document.
OpenGov will export the data based on the required format and put the
files onto Customer's FTP as often as nightly
Bluebeam
OpenGov will enable any attachment to click "Open in Bluebeam Studio"
Integration
to start or continue a collaborative document markup/review session in
Bluebeam. Bluebeam access not included.
Requires Bluebeam Studio Prime Iicense(s).
Autof ills
AutofiII
OpenGov will configure up to 3 autofiIIs to allow for dynamic search
Configuration
within the application form to auto -populate a set of form fields.
8.2.2.3. Validation
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Testing (admin) • Application is working as intended
o Internal processes and or workflows
o Front End processes (Public views)
• The administrator knows how to:
o Make changes
o Troubleshoot problems
o Create or configure new Record Types
8.2.2.4. Deploy
Functionality Description
Internal User OpenGov will provide 3, two-hour training sessions designed for Internal
Training Users such as Inspectors or Intake Review staff.
• Internal Users are trained to:
o Understand how to use the system to complete the tasks
needed perform their roles/responsibilities
o Understand the functionality and workflow of the
Permitting, Licensing or Code Enforcement process.
o Build reports in Citizen Services Explorer Module.
Sign Off Customer to complete OpenGov-provided sign off document
Customer will provide written approval that Administrator can:
• Build/Configure
• Troubleshoot
• Maintain
Customer will provide written approval that Internal Users:
• Have been trained on:
o Functionality
o Tasks needed to perform their roles/responsibilities
9. Acceptance
9.1. Acceptance Process
All Deliverables require acceptance from the Customer Project Manager(s) following the
completion of Deliverables and upon Project Closure. Customer is responsible for
conducting any additional review or testing of such Deliverable pursuant to any applicable
mutually agreed upon acceptance criteria agreed upon by the parties for such Deliverable.
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Upon completion of these phases, the OpenGov Project Manager shall notify the Customer
Project Manager(s) and provide the necessary documents for review and sign off.
The following process will be used for accepting or acknowledging Deliverables and Project
Closure:
• OpenGov shall submit the completed Deliverables to Customer to review or test
against the applicable acceptance criteria. Customer shall notify OpenGov promptly
of its acceptance or rejection in accordance with the agreed upon acceptance
criteria.
• Customer must accept all Deliverables that meet the applicable acceptance criteria.
OpenGov Project Manager will provide the Customer Project Manager with the
OpenGov Acceptance form to sign off on the Deliverable and project. Once all
Deliverables required to meet a particular phase have been accepted or are deemed
accepted, the phase shall be deemed complete.
• Upon completion of the phase or project, OpenGov allows Customer 10 business
days to communicate that the particular Deliverable(s) does not meet Customer's
requirements. Failure to communicate that the particular Deliverable(s) does not
meet Customer's requirements will be deemed as acceptance and any further work
provided to remedy Customer's complaint might incur additional cost.
• Customer shall provide to OpenGov a written notice detailing the reasons for
rejection and the nature of the failure to meet the acceptance criteria. OpenGov shall
make best effort to revise the non -conforming Deliverable(s) to meet the acceptance
criteria and re -submit it to Customer for further review and testing.
• If the acceptance form is not received in accordance with Section 7 General Project
Assumptions, the project phase and/or project will be considered accepted and
automatically closed.
9.2. Acceptance Requirements
• All acceptance milestones and associated review periods will be tracked on the
project plan.
• The Customer Project Manager will have decision authority to approve/reject all
project Deliverables, Phase Acceptance and Project Acceptance.
• Any open issues shall receive a response in accordance with Section 7 General
Assumptions of this SOW following the Validation Acceptance review, or as mutually
agreed upon between the parties, for resolution prior to advancing on in the project.
• Both OpenGov and Customer recognize that failure to complete tasks and respond
to open issues may have a negative impact on the project.
• For any tasks not yet complete, OpenGov and/or Customer will provide sufficient
resources to expedite completion of tasks to prevent negatively impacting the
project.
20
Page 88 of 110
Q OPENGOV
o. Change Management
This SOW and related efforts are based on the information provided and gathered by
OpenGov. Customer acknowledges that changes to the scope may require additional effort
or time, resulting in additional cost. Any change to scope must be agreed to in writing or
email, by both Customer and OpenGov, and documented as such via a:
• Change Order -Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change, it may or may not alter the original
contract amount or completion date and be paid for by Customer. Changes might
include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Signed by OpenGov and Customer Executives approving funds.
Change documentation will be mutually agreed upon as defined in Section 7 General
Assumptions of this SOW. Should that not occur, the change will be added to the next
Executive Sponsor agenda for closure.
Example of changes that might arise during a deployment:
• Amending the SOW to correct an error.
• Extension of work as the complexity identified exceeds what was expected by
Customer or OpenGov.
• Change in type of OpenGov resources to support the SOW.
11. Appendix A - Customer Record Types
Engineering/Highway
• Surface Water & Erosion Control Permit Application
• TOM Road Closure Request Form
• HIGHWAY PERMIT APPLICATION (FILLABLE)
Planning/Zoning
• PB Application Form
• TMPB Checklist - Nonresidential Site Plan
• TMPB Checklist - Residential Site Plan
21
Page 89 of 110
• TMPB Checklist -Special Permit Application
• TMPB Checklist - Subdivision Application
Building/Trades
• Building Permit Application (PDF)
• Tree Permit Application (PDF)
• plumbing permit
• Solar Permit Application
• Short Environmental Assessment Form
• CO/LOC Request
Clerks
• Accessible Parking Permits
• Alarm User Permit
• Block Party Application
• Dog Licenses
• Garage Sale Permit
• Marriage Licenses
• Peddler License
Q OPENGOV
22
Page 90 of 110
Pricing Proposal
Quotation #: 21965908
Reference #: 5/3/2022
Created On: 5/3/2022
SF1 I Valid Until: 9/29/2022
City of Mamaroneck Inside Account
Executive
Shyam Pandya Kevin Bock
740 West Boston Post Road 290 Davidson Ave.
Mamaroneck, NY 10543 Somerset, NJ 08873
United States Phone: (732) 584-8446
Phone: (914) 381-7810 Fax: (732)564-8224
Fax: Email: kevin—bock@shi.com
Email: spandya@townofmamaroneckny.org
All Prices are in US Dollar (USD)
Product
--------------------------------------------
Qty Your Price
Total
1 Citizen Services - 5 Service Areas - Billed Annually
1 $48,516.70
$48,516.70
Vertosoft- Part#: NPN-VERTO-CITIZ
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 10/1/2022 — 9/30/2023
Note: Participant ID#: 120828
2 Citizen Services - 5 Service Areas - Billed Annually
1 $48,516.70
$48,516.70
Vertosoft- Part#: NPN-VERTO-CITIZ
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 10/1/2023 — 9/30/2024
Note: Participant ID#: 120828
3 Professional Services Deployment - Prepaid
120 $215.32
$25,838.40
Vertosoft- Part#: NPN-VERTO-PROFE
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 10/1/2022 —
Note: Participant ID#: 120828
4 Professional Services Deployment - Prepaid 120 $215.32 $25,838.40
Vertosoft- Part#: NPN-VERTO-PROFE
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 1/1/2023 —
Note: Participant ID#: 120828
5 Professional Services Deployment - Prepaid 122 $212.02 $25,866.44
Vertosoft- Part#: NPN-VERTO-PROFE
Contract Name: Sourcewell- Technology Catalog Solutions
Contract #: 081419-SH I
Coverage Term: 4/1/2023 —
Note: Participant ID#: 120828
Total $174,576.64
Page 91 of 110
Additional Comments
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will
need to ensure compliance with the funding program.
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHI Inside Sales Representative at (888) 744-4084.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1 HTFO
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
Page 92 of 110
Resolution supporting Vision Zero goal of eliminating traffic fatalities and injuries by 2035
WHEREAS, the Town Board of the Town of Mamaroneck hereby fully supports the ultimate
Vision Zero goal of eliminating traffic fatalities and severe injuries within the Town by 2035; and
WHEREAS, the Town Board has been soliciting public input over the past nine months on issues
and concerns that the community would like to see addressed and one of the major areas of
concern involves traffic safety; and
WHEREAS the Town is committed to working with State, County and neighboring local officials
to secure appropriate road improvement funds to improve the high traffic volume roads and
roads that serve all populations through the community that provide for regional traffic access;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Town Board of the Town of
Mamaroneck hereby directs the Town Administrator to develop necessary processes and
procedures to reach such goal and secure all applicable grant funding, as available, to support
such efforts.
Page 93 of 110
Town of Mamaroneck
Town Center
740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrob son@townofmamaroneckNY. org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Discussion - Cable Retainer Agreement
Date: September 2, 2022
Action Requested:
Attached is an older version of the Cable Retainer Agreement. Updates to the agreement will be
reviewed at the Town Board Meeting.
Resolved that the Town Board hereby authorizes the Town Administrator to execute the
agreement and any related documents necessary to carry out its implementation.
Attachment/s:
Cable Retainer Agreement
Page 94 of 110
I CA C&
BEST & KR
ORNEYS AT L
Suite 725, Washi
� Fax: (202) 785-1
July 11, 2022
Bend OR
Riverside
(541) 382-3011
(951) 686-1450
Indian Wells
BEST IEGER
Sacramento
(760) 568-2611
(916) 325-4000
A T T A W
Irvine
San Diego
(949) 263-2600
(619) 525-1300
Los Angeles
1800 K Street NW ngton, D.C. 20006
Walnut Creek
(213) 617-8100
Phone: (202) 785-0600 234 1 www.bbklaw.com
(925) 977-3300
Ontario
Washington, DC
(909) 989-8584
(202) 785-0600
Gerard Lavery Lederer
(202)370-5304
gerard.lederer@bbklaw.com
Mr. Jerry Barberio
Administrator
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
123 Mamaroneck Avenue
Mamaroneck, NY 10543
Re: Representation for Franchise Renewals
Dear Mr. Barberio:
ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to represent the Larchmont — Mamaroneck Tri-
Municipal Cable TV Board of Control ("Board"). Specifically, we will provide assistance to the
Board as it determines whether, and on what terms to renew franchises held by Verizon and by
Altice. This letter constitutes our agreement setting the terms of our representation. If you want
us to represent you and agree to the terms set forth in this letter, after you review the letter please
sign it and return the signed copy to us. As you know, we have a long relationship with the Board,
and look forward to continuing to work with you.
No less than five members of the firm are admitted to the Bar of the State of New York. I
have been approved for admission and will be sworn in at the next ceremony in September. The
scope of representation by the firm's lawyers under this retainer is limited to matters as to which
we are permitted to represent you by law, regulations or custom.
CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney -client relationship requires mutual trust between the client and the attorney. It
is understood that communications exclusively between counsel and the client are confidential and
protected by the attorney -client privilege.
To also assure mutuality of trust, we have maintained a conflict of interest index. The
relevant Rules of Professional Conduct defines whether a past or present relationship with any
Page 95 of 110
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
July 11, 2022
Page 2
party prevents us from representing the Board. Similarly, the Board will be included in our list of
clients to ensure we comply with the Rules of Professional Conduct with respect to the Board.
We have checked the following names against our client index: Verizon and Altice. Based
on that check, we can represent the Board. Please review the list to see if any other persons or
entities should be included. If you do not tell us to the contrary, we will assume that this list is
complete and accurate. We request that you update this list for us if there are any changes in the
future.
YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
We have already discussed with you the fee arrangement. We will charge an hourly fee,
plus expenses. My current billing rate is $375 per hour.
Other attorneys may be called upon from time to time to work on matters as particular
needs arise and will be billed at current individual rates depending upon the area of expertise.
Hourly rates for those attorneys fall within the following ranges for new public work: Partners
and Of Counsel range from $250 to $595 per hour; Associates range from $235 to $275 per hour;
Paralegals, Clerks, Consultants, Government Affairs Professionals, Municipal and Litigation
Analysts, Research analysts, Administrative and Closing Assistants from $100 to $425 per hour.
Our rates are reviewed annually and may be increased from time to time with advance
written notice to the client.
As we mentioned during our discussions with you, the Board may also require help from
other consultants (franchise fee auditors, for example) in the course of renewal. We are willing to
recommend possible consultants and to bill through this contract if that is what you prefer and
authorize. Consultant fees and costs are in addition to our fees and costs.
The billing policies are described in the memorandum attached to this letter, entitled "Best
Best & Krieger LLP's Billing Policies." You should consider the Billing Policies memorandum
part of this agreement as it binds both of us. For that reason, you should read it carefully.
Page 96 of 110
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
July 11, 2022
Page 3
INSURANCE
We understand that you are not now insured or have any insurance that may cover potential
liability or attorneys' fees in this case. If you think you may have such insurance, please notify
me immediately.
We are also pleased to let you know that Best Best & Krieger LLP carries errors and
omissions insurance with Lloyd's of London.
NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to
work on additional matters. You should know that such new matters will be the subject of a new
signed supplement to this agreement. Similarly, this agreement does not cover and is not a
commitment by either of us that we will undertake any appeals or collection procedures. Any such
future work would also have to be agreed upon in a signed supplement.
CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions to
file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such
courtesies saves our clients' time and money. By signing this letter you will be confirming your
approval of this practice in your case.
HOW THIS AGREEMENT MAY BE TERMINATED
You, of course, have the right to end our services at any time. If you do so, you will be
responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and
costs in transferring the case to you or your new counsel. By the same token, we reserve the right
to terminate our services to you upon written notice, order of the court, or in accordance with our
attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as
agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent
you for ethical or practical concerns.
CLIENT FILE
If you do not request the return of your file, we will retain your file for five years. After
five years, we may have your file destroyed. If you would like your file maintained for more than
five years or returned, you must make separate arrangements with us.
Page 97 of 110
BEST BEST & KRIEGER
ATTORNEYS AT LAW
Larchmont — Mamaroneck Tri-Municipal
Cable TV Board of Control
July 11, 2022
Page 4
THANK YOU
On a personal note, we are pleased that you have selected Best Best & Krieger LLP to
represent you. We look forward to a long and valued relationship with you and appreciate your
confidence in selecting us to represent you in this case. If you have any questions at any time
about our services or billings, please do not hesitate to call me.
If this letter meets with your approval, please sign and date it, and return it to us. Unless
you sign, date and return this letter, we will not represent you in any capacity, and we will assume
that you have made other arrangements for legal representation.
Sinc�xely,
Ord Eavery ederer
of BEST BE & KRIEGER LLP
AGREED AND ACCEPTED:
C
Dated:
Page 98 of 110
BEST BEST & KRIEGER LLP'S BILLING POLICIES
Our century of experience has shown that the attorney -
client relationship works best when there is mutual
understanding about fees, expenses, billing and payment
terms. Therefore, this statement is intended to explain our
billing policies and procedures. Clients are encouraged to
discuss with us any questions they have about these policies
and procedures. Clients may direct specific questions about
a bill to the attorney with whom the client works or to our
Accounts Receivable Department (accounts.receivable@
bbklaw.com). Any specific billing arrangements different
from those set forth below will be confirmed in a separate
written agreement between the client and the firm.
INVOICE AND PAYMENT OPTIONS
Best Best & Krieger strives to meet our clients' needs in
terms of providing a wide variety of invoice types, delivery
and payment options. Please indicate those needs including
the preferred method of invoice delivery (Invoice via Email;
or LISPS). In addition, accounts.receivable@bbklaw.com
can provide a W-9 upon request and discuss various
accepted payment methods.
FEES FOR PROFESSIONAL SERVICES
Unless a flat fee is set forth in our engagement letter
with a client, our fees for the legal work we will undertake
will be based in substantial part on time spent by personnel
in our office on that client's behalf In special circumstances
which will be discussed with the client and agreed upon in
writing, fees will be based upon the novelty or difficulty of
the matter, or the time or other special limitations imposed
by the client.
Hourly rates are set to reflect the skill and experience of
the attorney or other legal personnel rendering services on
the client's behalf. All legal services are billed in one -tenth
of an hour (0.10/hour) or six -minute increments. Our
attorneys are currently billed at rates from $235 to $850 per
hour, and our administrative assistants, research assistants,
municipal analysts, litigation analysts, paralegals,
paraprofessionals and law clerks are billed at rates from
$175 to $295 per hour for new work. These rates reflect the
ranges in both our public and our private rates. These hourly
rates are reviewed annually to accommodate rising firm
costs and to reflect changes in attorney status as lawyers
attain new levels of legal experience. Any increases
resulting from such reviews will be instituted automatically
and will apply to each affected client, after advance notice.
Non -Attorney Personnel: BBK may employ the
services of non -attorney personnel under the supervision of
a BBK attorney in order to perform services called for in the
legal services agreement. The most common non -attorney
personnel utilized are paralegals. Other types of non -
attorney personnel include, but are not limited to, case
clerks, litigation analysts, and specialty consultants. The
client agrees that BBK may use such non -attorney personnel
to perform its services when it is reasonably necessary in the
judgment of the responsible BBK attorney. Hourly fees for
non -attorney personnel will be charged at the rate then in
effect for such personnel. A copy of BBK's current rates
and titles for non -attorney personnel will be provided upon
request.
FEES FOR ELECTRONICALLY STORED
INFORMATION (`BSI") SUPPORT AND STORAGE
BBK provides Electronically Stored Information
(`BSI") services for matters requiring ESI support —
typically litigation or threatened litigation matters. BBK
provides services for basic EST processing and storage at the
following rates per month based on the number of gigabytes
of data ("GB") processed and stored:
1 GB-250GB: $10 per GB
251 GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and
storage of ESI allows BBK to recover the costs of providing
such services, plus a net profit for BBK. BBK believes that
the rates it charges for processing and storage are lower than
comparable services available from third party vendors in
the market. If you wish to contract separately with a third
party vendor for processing and storage costs, please notify
BBK in writing. BBK shall not incur costs for ESI support
on a particular matter without first confirming by email or
written correspondence with the client that the client agrees
such services are necessary for the matter at hand.
FEES FOR OTHER SERVICES, COSTS AND
EXPENSES
We attempt to serve all our clients with the most
effective support systems available. Therefore, in addition
to fees for professional legal services, we also charge
separately for some other services and expenses to the extent
of their use by individual clients. These charges include but
are not limited to, mileage at the current IRS approved rate
per mile, extraordinary telephone and document delivery
charges, copying charges, computerized research, court
filing fees and other court -related expenditures including
court reporter and transcription fees. No separate charge is
1
Page 99 of 110
made for secretarial or word processing services; those costs charge of one percent per month on the unpaid invoice may
are included within the above hourly rates. be added to the balance owed, commencing with the next
We may need to advance costs and incur expenses on
your behalf on an ongoing basis. These items are separate
and apart from attorneys' fees and, as they are out-of-pocket
charges, we need to have sufficient funds on hand from you
to pay them when due. We will advise the client from time
to time when we expect items of significant cost to be
incurred, and it is required that the client send us advances
to cover those costs before they are due.
ADVANCE DEPOSIT TOWARD FEES AND COSTS
Because new client matters involve both a substantial
undertaking by our firm and the establishment of client
credit with our accounting office, we require an advance
payment from clients. The amount of this advance deposit
is determined on a case -by -case basis discussed first with the
client, and is specified in our engagement letter.
Upon receipt, the advance deposit will be deposited into
the firm's client trust account. Our monthly billings will
reflect such applications of the advance deposit to costs and
not to attorney's fees (unless otherwise noted in our
accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to
costs and then to fees. We also reserve the right to require
increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client is
agreeing that trust account balances may be withdrawn and
applied to costs as they are incurred and to our billings, when
we issue our invoice to the client. If we succeed in resolving
your matter before the amounts deposited are used, any
balance will be promptly refunded.
MONTHLY INVOICES AND PAYMENT
Best Best & Krieger LLP provides our clients with
monthly invoices for legal services performed and expenses
incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and
other fees for services rendered through the end of the prior
month, as well as expenses incurred on the client's behalf
that have been processed by the end of the prior month.
Processing of some expenses is delayed until the next month
and billed thereafter.
Our fees are not contingent upon any aspect of the
matter and are due upon receipt. All billings are due and
payable within ten days of presentation unless the full
amount is covered by the balance of an advance held in our
trust account. If a bill is not paid within 30 days, a late
statement and continuing until paid.
It is our policy to treat every question about a bill
promptly and fairly. It is also our policy that if a client does
not pay an invoice within 60 days of mailing, we assume the
client is, for whatever reason, refusing to pay. We reserve
the right to terminate our engagement and withdraw as
attorney of record whenever our invoices are not paid. If an
invoice is 60 days late, however, we may advise the client
by letter that the client must pay the invoice within 14 days
or the firm will take appropriate steps to withdraw as
attorney of record. If the delay is caused by a problem in the
invoice, we must rely upon the client to raise that with us
during the 14-day period. This same policy applies to fee
arrangements which require the client to replenish fee
deposits or make deposits for anticipated costs.
From time to time clients have questions about the
format of the bill or description of work performed. If
you have any such questions, please ask them when you
receive the bill so we may address them on a current
basis.
CHANGES IN FEE ARRANGEMENTS
AND BUDGETS
It may be necessary under certain circumstances for a
client to increase the size of required advances for fees after
the commencement of our engagement and depending upon
the scope of the work. For example, prior to a protracted
trial or hearing, the firm may require a further advance
payment to the firm's trust account sufficient to cover
expected fees. Any such changes in fee arrangements will
be discussed with the client and mutually agreed in writing.
Because of the uncertainties involved, any estimates of
anticipated fees that we provide at the request of a client for
budgeting purposes, or otherwise, can only be an
approximation of potential fees.
BEST BEST & KRIEGER LLP
09900.00000\40120928.2
2
Page 100 of 110
July 13, 2022
MINUTES OF THE REGULAR MEETING AND WORK SESSION OF THE
MAMARONECK TOWN BOARD HELD JULY 13, 2022, BEGINNING AT 5:00 PM AT
THE SENIOR CENTER, 1288 BOSTON POST ROAD, LARCHMONT, NEW YORK
PRESENT: Supervisor Jaine Elkind Eney
Councilwoman Abby Katz
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King, via Zoom
Councilwoman Robin Nichinsky
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
Lindsey Luft, Assistant to the Town Administrator
Tracy Yogman, Town Comptroller
Robert Wasp, Town Engineer
CALL TO ORDER - WORK SESSION
The Work Session of the Town Board was called to order by Supervisor Elkind Eney, then on motion of
Councilwoman Katz, seconded by Councilwoman Fiddelman, the Work Session was unanimously
opened at 5:00 p.m.
1. Discussion — SG Law
The Town Board discussed the proposed 5G Law, suggesting several changes. William Maker,
Town Attorney agreed to incorporate the changes discussed with the Board, as well as review and
add Ralph Engel's suggestions if appropriate. Attorney Maker will then revise the law for the Town
Board to review at a future meeting.
2. Discussion — Proposed Revisions to Local Law — Ch. 99 Filming and Videotaping Filming Fees of
other Municipalities and Current Filming Application — Administrator Robson reviewed the
Town's current filming law and compared our law with that of neighboring municipalities. The
review was prompted when residents in one area of the Town began complaining of too many film
shoots at one residence. The complaints mentioned that so many shoots were generating
unacceptable levels of traffic congestion, trash, and noise from the many personnel and support
vehicles, and that they were also creating a dangerous environment for pedestrians. After
discussing various options, the Town Board agreed to revise the Town law limiting annual filming
to 15 days in residential zones, adding an application fee of $500, and requiring seven business
days' notice for the applications. In addition, to align the Town's filming fees more closely with the
average of current fees charged by neighboring municipalities, the Board agreed to increase the
Town fee to $1,200 per day for filming on public property and $1,000 per day for filming on private
Page 101 of 110
July 13, 2022
property. Attorney Maker will incorporate these revisions into a new filming law for the Town
Board to review at a future meeting.
3. Added Discussion — Cube Smart Proposal — Administrator Robson briefed the Town Board on a
proposed development of a Town of Mamaroneck storage facility by Cube Smart. As the project
would require rezoning and may be affected by the Comprehensive Plan, the Town Board agreed
to review again after the Comprehensive Plan is complete.
4. Discussion — Sale of Land —1395 Boston Post Road — Attorney Maker outlined the reasons for the
proposed sale of a small piece of steeply sloped land. The Town was approached by the owners of
a property, most recently an auto parts store. The owners' potential tenant noticed that the
parking in the rear of the property extends beyond the owner's land and onto a piece of property
owned by the Town. The potential tenant will not lease the property until the owner deals with
the piece of land. The landlord would like to purchase this small trapezoid of approximately 720
square feet of land from the Town. The Town Board agreed to add the sale of this land to tonight's
agenda.
5. Review of Bid TA-22-10 — Replacement of Dump Truck Body --Rob Wasp, Town Engineer,
reviewed Bid TA-22-10. There were no questions. The Town Board agreed to add to tonight's
agenda.
6. Updates — Town Supervisor Elkind Eney updated the Town Board on a recent Fields for Kids
Meeting, where she had stressed that the Town Board did not want a track or any cross -boundary
fields. The Town Board discussed the need to ensure that the public would have the opportunity
to speak about the pros and cons of artificial turf, if the fields were going to be artificial turf.
Councilman King requested to review the Master Plan that had graded the fields and suggested
that the Town might consider hiring our own geotechnical engineer, to be provided by Fields for
Kids.
Administrator Robson apprised the Board on the grant for the spray bay at the Hommocks Pool,
mentioning the possibility of expanding the spray bay and pool area. Administrator Robson
suggested that the Town might use the current grant for planning of the pool facility.
Councilwoman Nichinsky asked about the possibility of moving the pool entrance and then the
Board discussed the possible opportunity of changing the name of the pool.
Councilwoman Katz reported that at a recent Traffic Committee meeting many residents had
requested speedbumps, stop signs and crosswalks, including crosswalks mid -block like the one
recently installed in the Village of Mamaroneck. Councilwoman Katz requested training be
provided on when it is best to use these various methods to reduce speeding. The Town Board
discussed various traffic problem areas in the Town. The Town Board asked if Towns and Villages
are allowed cameras at intersections, noting the opportunity for a camera at Weaver and the
Boston Post Road.
Councilwoman Nichinsky mentioned that in the Housing Authority, Frank Pierson will soon be
stepping down. Councilwoman Nichinsky to confirm timing with Frank Pierson and will let
Supervisor Elkind Eney know so she can include the opening in an upcoming newsletter.
2
Page 102 of 110
July 13, 2022
7. Request for Executive Session-- To discuss the employment history of two individuals, the sale of
property, and potential litigation, Councilwoman Nichinsky made a motion to enter an Executive
Session, Councilwoman I<atz seconded the motion.
On motion of Councilwoman I<atz, seconded by Councilwoman Nichinsky, the Board unanimously
agreed to resume the Regular Meeting.
CALL TO ORDER - REGULAR MEETING
SUPERVISOR'S REPORT
Welcome to the July 13, 2022 meeting of the Town Board of the Town of Mamaroneck.
The Town Board met today for a Work Session Conference Room C starting at 5:00pm, which is
open to the Public.
Comprehensive Plan:
We are in full swing with the Comprehensive Plan. This past month, our consultants were busy
consolidating and analyzing all the public input received. The Comprehensive Plan Committee
met with them to listen to their findings, review the draft public survey, review the updated
"Existing Conditions Report, "and discuss future outreach such as summer pop -ups and public
listening sessions. Be on the lookout for pop-up public listening sessions at the Town Concerts
and Movies and an online survey that will appear on the website shortly.
Fields for Kids:
On July 6, Town Administrator Meredith Robson and I met with representatives of Fields for
Kids to listen to their proposal for future refurbishment of the Town's fields behind the
Hammocks School. The next step will be for the Town's professional staff to meet with FFK
consultants to explore the feasibility of various options. More to follow...
Events:
4TH OFJULY-
1 hope everyone had a wonderful 4th of July. We celebrated here in the Town. On June 29, the
whole Town Board, along with Administrator Meredith Robson, other elected officials, local
scouts, Veterans, marching bands and dozens of firefighters and firetrucks from all over the tri-
state area marched in the 74th Annual Firemen's Parade in the Village of Mamaroneck. The
weather was perfect, and the crowds were lively. A good time was had by all!
Then, on July 4, Councilwomen Katz, Fiddelman and I attended the Blessing of the Fleet hosted
by US Coast Guard Auxiliary Flotilla 014 07 05. It was great fun seeing the boats decorated for
the occasion as they received their blessings. I want to thank our Coast Guard Auxiliary for
hosting this annual event and for their dedication to recreational boating safety.
Concerts:
On Monday night Councilwomen Katz, Fiddelman and I along with Town Administrator
Meredith Robson attended the Kick-off of the Town's summer concert series. It was like
Woodstock in the Town of Mamaroneck (without the rain!). The weather was perfect, families
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July 13, 2022
were picnicking, and everyone enjoyed the music. Make sure you attend the rest of the summer
concerts on July 18th 2511 and on August 15r
PRESENTATION
There were no presentations.
PUBLIC HEARINGS
There were no public hearings.
RESIDENT COMMENTS
Supervisor Elkind Eney asked if there was anyone in the audience who wished to make a public
comment on any other topics and there was not.
BOARD OF FIRE COMMISSIONERS
Commissioner Elkind Eney called the Meeting to order, then on motion of Commissioner Nichinsky,
seconded by Commissioner Katz, the Board of Fire Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
Commissioner:
1. Fire Claims
Jaine Elkind Eney
Abby Katz
Sabrina Fiddelman
Jeffery L. King, via Zoom
Robin Nichinsky
On motion of Commissioner King, seconded by Commissioner Katz, it was
RESOLVED that this Commission does hereby authorize payment of the
Fire Department Claims dated July 13, 2022, as approved by the Fire
Chief and audited by the Comptroller's Office:
The above resolution was put to a roll call vote:
Commissioner Nichinsky Aye
Commissioner King
Aye
Commissioner Fiddelman
Aye
Commissioner Katz
Aye
Commissioner Elkind Eney
Aye
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July 13, 2022
2. Fire Report
On motion of Commissioner King, seconded by Commissioner Katz, it was
RESOLVED that this Commission does hereby authorize payment of the
following Fire Department Claims as approved by the Fire Chief and
audited by the Comptroller's Office:
See Attachment A.
The above resolution was put to a roll call vote:
Commissioner Nichinsky Aye
Commissioner
King
Aye
Commissioner
Fiddelman
Aye
Commissioner
Katz
Aye
Commissioner
Elkind Eney
Aye
There being no further business to come before the Commission, on motion of Commissioner
Nichinsky, seconded by Commissioner Katz, the Commission unanimously adjourned and the Town
Board reconvened.
AFFAIRS OF THE TOWN
1. Bid Authorization TA-22-10 — Replacement of Dump Truck Body
On motion of Councilwoman Fiddelman, seconded by Councilman Nichinsky, it was unanimously
RESOLVED, that the Mamaroneck Town Board hereby approves the agreement with Trius, Inc. to
replace the dump truck body services and hereby authorizes the Town Administrator to execute
the agreement and any related documents necessary to carry out its implementation.
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
2. Certiorari
On motion of Councilwoman Katz, and seconded by Councilwoman Nichinsky, it was
RESOLVED, that the Town Board hereby authorizes the settlement of the following
tax certiorari on the following terms with Post -Lester Partnership:
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July 13, 2022
200 W. Boston Post Road
Section/Block/Lot: 9-14-73.2
Town of Mamaroneck/Village of Mamaroneck
Year
Assessment
Reduction
Resulting Assessment
2016
$540,000
$225,000
$315,000
2017
$540,000
$225,000
$315,000
2018
$540,000
$225,000
$315,000
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
3. Sale of Land —1395 Boston Post Road
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, it was unanimously
RESOLVED, that the Mamaroneck Town Board hereby approves the sale of 1395 Boston Post Road
and hereby authorizes the Town Administrator to execute sale and any related documents
necessary to carry out its implementation.
The above resolution was put to a roll call vote:
Nichinsky
Aye
King
Aye
Fiddelman
Aye
Katz
Aye
Elkind Eney
Aye
REPORT OF MINUTES
On motion of Councilwoman Katz, seconded by Councilwoman Fiddelman, it was unanimously
RESOLVED, that the Mamaroneck Town Board does hereby
approve the Board Minutes from the meeting of June 8 & 22, the
minutes of the Joint Sanitation Meeting of June 16t", and the
Special Town Board meeting of June 29t", 2022.
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July 13, 2022
REPORTS OF COUNCIL
The Town Board Members reported on their various activities and meetings since the last Town Board
Meeting.
Councilwoman Katz
• Announced the Fifth Annual Tiki Invasion, sponsored by LMC Media and the Village of
Mamaroneck, happening this Friday, July 15tn at Harbor Island Park at 6pm. There will be food
trucks, fire dancers, and lots of fun.
• Attended a Board of Control meeting to discuss LMC Media's expansion of the Third Floor of
the Town Center.
• Attended some internal meetings on traffic, addressing residents' recent issues on traffic and
safety, in order to serve the public in the best way possible going forward.
• Requested everyone to slow down, go the speed limit and stop fully at stop signs.
• Enjoyed the Blessing of the Fleet and the Fireman's Parade and thanked the Village of
Mamaroneck for the fireworks.
Councilman King
• Also enjoyed the Fireman's Parade and thanked the Village of Mamaroneck for the fireworks.
• Mentioned not having a busy event schedule since the last meeting.
Councilwoman Nichinsky
• Also enjoyed the Fireman's Parade and thanked the Village of Mamaroneck.
• Apologized for missing tonight's Planning Board meeting because of this Town Board meeting.
• Attended a Housing Authority meeting, where Midas, the new management company,
provided an update on managing the Hommocks Apartments.
• The recent Sustainability Collaborative meeting covering many topics, including the Trees for
Our Town initiative where residents can donate to plant trees for our Town via our Town
website. The Collaborative discussed the Town's Comprehensive Plan and are excited about
participating in the upcoming survey. The Collaborative has an enthusiastic and very capable
Summer Intern named Sebastian Gold from Mamaroneck High School, who had reported on
his work in the Climate Smart Communities group, as well as his adventures checking recycling
bins all over Town. The Collaborative helped with the Westchester Pollinator Gardens Tour on
Sunday, July 241n. They are planning the Repair Cafe again this year in October, as well as a
Parks and Trees Native Plants Festival on September 24tn
Councilwoman Fiddelman
Thanked the Board of Assessment of Review for working on June 28tn, making their
deliberations on the grievances.
• Apologized for missing this evening's Larchmont Library Board meeting and announced that
the Museum Pass Program is back up and running. The museum passes are back and are
available to all Larchmont Library cardholders. Visit www.LarchmontLibrary.org and click on
'Museum Passes' under 'Things to Do' to reserve a pass.
• Also thanked the Village of Mamaroneck, in addition to the Parade, the fireworks were
spectacular.
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July 13, 2022
TOWN ADMINISTRATOR'S REPORT
The Town Administrator had nothing to report.
TOWN CLERK'S REPORT
The Town Clerk reported that the County has waived their pool and beach fees for weekdays through
August 315t. You can call 914-864-Park for more information.
TOWN ATTORNEY'S REPORT
The Town Attorney thanked Meredith Robson. Attorney Maker admitted hating all forms of
technology, but after being forced to learn how to use a tablet, he wanted to thank Administrator
Robson for taking him by the heels and bringing him into the 215Y Century.
CLOSING COMMENTS SUPERVISOR ELKIND ENEY
The next regularly scheduled Town Board meeting will be held on Wednesday, August 17, 2022, 5pm
at the Senior Center.
ADJOURNMENT
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, the meeting was
unanimously adjourned.
Submitted by
Allison May, Town Clerk
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July 20, 2022
MINUTES OF THE SPECIAL MEETING OF THE MAMARONECK TOWN BOARD HELD
JULY 20, 2022, BEGINNING AT 5:30 PM IN CONFERENCE ROOM C OF THE TOWN
CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT: Supervisor Jaine Elkind Eney
Councilwoman Abby Katz
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
Councilwoman Robin Nichinsky
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
Lindsey Luft Assistant to the Town Administrator
CALL TO ORDER — WORK SESSION
The Work Session of the Town Board was called to order by Supervisor Elkind Eney, then on motion of
Councilwoman Katz, seconded by Councilman King, the Work Session was unanimously opened at 5:45
p.m.
AFFAIRS OF THE TOWN
1. Discussion of Tree Law --The Town Board began the process of developing a new Tree Law by reviewing
the old Tree Law line by line.
207-4 Criteria for Removal of Trees — The Board agreed in principal that the removal of all trees over a
predetermined size should require a permit. The current law only requires permits for lots over 20,000 square
feet. While the Board does not want clear cutting, they want to ensure that the rules and regulations for the
removal of trees are enforceable and easily understood. The Board agreed to require the planting of
additional trees to compensate for any removals, with the baseline for replacement a minimum of a tree for a
tree. The Town Board agreed that the Town needs to keep an inventory and data on trees, including
recording what trees come down and what is planted, and that the permits will be the tracking mechanism.
A. Immediate Removal if Hazardous —The Board agreed the homeowner would still need to go to the
Environmental Planner to document the need for the removal of a hazardous tree via a permit.
B. Determination -- The Town Board agreed that the decisions made by the Environmental Planner
should not be final and without possible appeal, agreeing in principle that the Planning Board should
be the body to which a homeowner can apply for reconsideration.
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July 20, 2022
207-5 Tree Removal Permit Procedure; Bond -- The Board discussed possibly requiring photos or a sketch
of the property be submitted with tree removal permit application. They also agreed to additional
requirements for larger lots. The Board discussed two possible paths, some of which would go to the
Environmental Planner and some to Planning Board. The Board agreed an inspection would only be required
on removals involving many trees. They agreed to require a performance bond and that replanting be done
on the owner's property wherever practical, with the determination of practicality falling to either the
Environmental Planner or the Planning Board.
207-6 Tree Removal; Restoration - The Board wondered if stump removal must be a requirement, or if
under certain circumstances it could be avoided. Supervisor Eney agreed to speak with the Environmental
Planner to learn more about this requirement, as well as to also discuss a planting calendar and suggested
timing to review the survival of plantings.
207-7 Penalties for Offenses -- The Town Board agreed fees for offenses should be escalating. The Town
Board also agreed each violation will be considered a new offense. The Board noted removing a mature or
specimen tree without a permit would be subject to a much greater fine. The Board intends to address
recurring permits, so that if a resident receives a permit to remove a number of trees in one year, that
resident would then be prevented from further removals for a predetermined period of time. The Board also
mentioned the need to try to prevent the disturbance of the critical root zone of Trees, perhaps through the
Sediment and Erosion Control Law. It was suggested that a concurrent review be completed of the Sediment
and Erosion Control Law, to align it with the revised Tree Law and avoid any potential conflicts.
2. The Town Board briefly discussed a meeting several Town Board members had with the Larchmont
Mamaroneck Joint Sanitation Commission.
3. Recommendation of Contract Authorization TA-22-07A — Resurfacing of Various Roads
The Town Board discussed a memorandum from Rob Wasp, Town Engineer, recommending the bid provided
by Laura Li Industries. The Town Board decided to review the bid documents further, prior to approving the
contract authorization.
ADJOURNMENT
On motion of Councilwoman Fiddelman, seconded by Councilman King the meeting was unanimously
adjourned.
Submitted by
Allison May, Town Clerk
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